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The People v. Juan Grijalva Bracamontes

October 26, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
JUAN GRIJALVA BRACAMONTES, DEFENDANT AND APPELLANT.



(Super. Ct. No. 10F4822)

The opinion of the court was delivered by: Nicholson , Acting P.J.

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Juan Grijalva Bracamontes pled no contest to possessing methamphetamine for sale (Health & Saf. Code, § 11378) and was sentenced to prison. On appeal, defendant asserts the trial court erred, because it impermissibly imposed penalty assessments upon a restitution fine, and failed in the abstract of judgment to identify each fine and fee imposed, and the statute upon which each fine and fee was based. The People concede both errors, but only the second has merit. We order the abstract of judgment amended, and otherwise affirm the judgment.

BACKGROUND

In light of this appeal's limited focus, a detailed recitation of facts is unnecessary.

At sentencing, the court ordered defendant "to pay the following: The base fine of $200, plus the various penalty assessments, bringing that total to $760; $30 court security fee; a 30 dollar criminal conviction assessment, 50 dollar criminal lab fee, plus the various surcharges, bringing that to a total of 190 dollars; restitution fine of $200, plus a ten percent administrative fee, a second restitution fine of $200 dollars is imposed but stayed pending your successful competition of parole. [¶] You're to provide the [P]enal [C]ode section 296 samples. Register pursuant to Health and Safety Code section 11590. Counsel, you waive any further specification of assessments and statutory authority?

"[Defense Counsel]: So waived."

The minute order, signed by the judge, recites the component parts of fees and assessments by their corresponding amount and statutory basis; we repeat here only those that are placed at issue by this appeal:

"The Court further orders, the defendant shall pay a restitution fine of $200.00 pursuant to Penal Code section 1202.4, plus a 10% administrative fee pursuant to Section 1202.4(l) of the Penal Code.

"The Court further orders, an additional restitution fine in the amount of $200.00, which shall be suspended unless defendant's parole is revoked, pursuant to Penal Code section 1202.45.

"The Court further orders the defendant to pay a total of $760.00, which includes a fine of $200.00, the state penalty assessment (PC 1464(a)) of $200.00, the DNA penalty assessment (GC 76104.6) of $20.00, the DNA penalty assessment (GC 76104.7) of $60.00, the state court facilities construction fee (GC 70372) of $100.00, the County Penalty assessment (GC 76000(a)(1)) of $140.00, and the state criminal fine surcharge (PC 1465.7(a)) of $40.00." (Some capitalization omitted.)

The abstract of judgment identifies the two $200 restitution fines imposed pursuant to Penal Code sections 1202.4 and 1202.45 and, under "[o]ther orders," it states "Pay a fine of $760.00 (see ...


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