People v. Munguia CA3

Filed 11/22/22 P. v. Munguia CA3 NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE,

Plaintiff and Respondent, C094905

v. (Super. Ct. Nos. 17CF03302, 17CF03778, 21CF01341) MARCO ANTONIO MUNGUIA,

Defendant and Appellant.

Defendant Marco Antonio Munguia pleaded no contest to possessing a controlled substance for sale and resisting a peace officer, and the trial court found he had violated the conditions of probation in two prior cases. The trial court sentenced defendant to an aggregate stipulated term of 12 years in prison for all three cases and imposed and reimposed various fines and fees.

1

Defendant now contends certain fees must be vacated under subsequent legislation. The People agree, as do we. We will modify the judgment to vacate the repealed fees and affirm the judgment as modified. BACKGROUND In 2017, defendant pleaded guilty to assault with a firearm (Pen. Code, § 245, subd. (a)(2) -- case No. 17CF03302)1 and dissuading a witness by threat of violence (§ 136.1, subd. (c)(1) [see § 136.1, subd. (a)(1)] -- case No. 17CF03778) and admitted committing the dissuasion offense while released on bail for the assault offense (§ 12022.1 -- case No. 17CF03778). The trial court granted probation and suspended imposition of sentence. The trial court ordered defendant to pay various fines and fees, including: (1) probation supervision fees of up to $164 per month (former § 1203.1b), (2) a $25 administrative screening fee (former § 1463.07), (3) a conditional account receivable fee of $30 (former § 1205), and (4) a conditional installment payment fee of $35 (former § 1205). In July 2021, defendant pleaded no contest to three counts of possessing a controlled substance for sale (Health & Saf. Code, § 11351 [see Health & Saf. Code, § 11055, subd. (b)(1)(I), (1)(M) & (6)] -- case No. 21CF01341) and one count of resisting, delaying, or obstructing a peace officer (§ 148, subd. (a)(1) -- case No. 21CF01341). The trial court found that defendant violated the conditions of probation from his two prior cases. Later that month, the trial court sentenced defendant to an aggregate stipulated term of 12 years in prison for all three cases. In addition to imposing fines and fees for the new case, the trial court reimposed fines and fees from the two prior cases.