People v. Milkovits CA4/1

Filed 5/15/23 P. v. Milkovits CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D080994

Plaintiff and Respondent,

v. (Super. Ct. No. SCD283646)

RYAN ANDREW MILKOVITS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Desiree Bruce-Lyle, Judge. Affirmed as modified.

Jill M. Kent, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Christopher Beesley and Daniel Rogers, Deputy Attorneys General, for Plaintiff and Respondent. Ryan Andrew Milkovits appeals, contending that any unpaid portion of the criminal justice administration fee and restitution fine collection fee imposed at sentencing should be vacated. As the People concede, we agree

these fees must be vacated, order the judgment modified, and otherwise affirm. FACTUAL AND PROCEDURAL BACKGROUND Milkovits pled guilty in December 2019 to one count of unlawfully selling or furnishing a controlled substance (Health & Saf. Code, § 11352, subd. (a)) and possession of a controlled substance (Health & Saf. Code § 11350). At sentencing, the trial court placed Milkovits on three years of formal probation and imposed various fines and fees, including a $154 criminal justice administration fee under Government Code section 29550.1 and a 10 percent restitution fine collection fee under former Penal Code section 1202.4, subdivision (l). After Milkovits’s probation was revoked on July 1, 2021, the court imposed one-year custody and two-years supervision. At a July 28, 2022 contested revocation hearing, the court found Milkovits in violation of the terms of his mandatory supervision, imposed the remaining unserved term of 255 days, and lifted the stay on the previously imposed fines and fees.