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The People v. Sergio Ramos

July 28, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
SERGIO RAMOS, DEFENDANT AND APPELLANT.



(Super. Ct. No. 08F08362)

The opinion of the court was delivered by: Butz ,j.

P. v. Ramos

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Pursuant to a negotiated plea, defendant Sergio Ramos pleaded no contest to voluntary manslaughter and admitted a firearm use enhancement. (Pen. Code, §§ 192, subd. (a)(1), 12022.5, subd. (a).) He was sentenced to an aggregate term of 21 years in state prison.

On appeal, defendant challenges the trial court's imposition of a $263.85 main jail booking fee and $28.75 main jail classification fee pursuant to Government Code section 29550.2,*fn1 on the ground that there was no substantial evidence that he had the ability to pay them. We conclude that, because defendant failed to raise the issue in the trial court, he may not challenge the fees for the first time on appeal. We shall affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

The facts surrounding defendant's conviction are not relevant to the issues raised on this appeal. Defendant was charged with first degree murder and attempted robbery with special circumstances. He accepted a plea of no contest to voluntary manslaughter with an enhancement for firearm use; the remaining counts were dismissed. A probation report was prepared. Neither party submitted sentencing pleadings to the trial court.

The court sentenced defendant to the high term of 11 years on the manslaughter conviction, plus a consecutive 10-year term on the firearm enhancement, for a total state prison sentence of 21 years.

The court also imposed a restitution fine in the amount of $4,200, an additional $4,200 restitution fund fine imposed and stayed pending defendant's successful completion of parole, and ordered that he reimburse the Victim Restitution Violent Crime Program in the amount of $19,050. The court then stated, "The other fees and charges set forth in the probation report [Nos.] 5 through 8 are imposed." Finally, the court imposed the "cost of preparing the report and the other cost as set forth on page 10 of the probation report."

The abstract of judgment shows that defendant was ordered to pay a "main jail booking fee" of $263.85 and "main jail classification fee" of $28.75.

DISCUSSION

I. Discrepancy Between the Oral Pronouncement ...


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