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The People v. Robert Earl Sprueill

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


November 29, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
ROBERT EARL SPRUEILL, DEFENDANT AND APPELLANT.

(Super. Ct. No. CM032986)

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

P. v. Sprueill

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Robert Earl Sprueill pled no contest to stalking and disobeying a domestic relations court order and was sentenced to prison.

At the sentencing hearing on March 9, 2011, the trial court ordered defendant to pay an $80 ($40 per conviction) court security fee pursuant to Penal Code section 1465.8, subdivision (a)(1). Defendant contends, and the People agree, that the fee must be reduced to $30 per conviction because the statute provided for a $30 fee at the time of his conviction in September 2010.*fn1

We agree. Defendant entered his no contest plea on September 30, 2010. On that date, Penal Code section 1465.8, subdivision (a)(1) provided in relevant part: "To ensure and maintain adequate funding for court security, a fee of thirty dollars ($30) shall be imposed on every conviction for a criminal offense . . . ." (Stats. 2009, ch. 342, § 5.) Effective October 19, 2010, the Legislature amended Penal Code section 1465.8 to increase the court security fee from $30 to $40. (Stats. 2010, ch. 720 § 33.) Because defendant was convicted before the increase in the security fee became effective, he is not subject to the increase. (People v. Davis (2010) 185 Cal.App.4th 998, 1000-1001.)

DISPOSITION

The judgment is modified to reduce the Penal Code section 1465.8 court security fee to $30 per count; in all other respects, the judgment is affirmed. The trial court is directed to prepare an amended abstract of judgment reflecting this modification and to forward a copy thereof to the Department of Corrections and Rehabilitation.

We concur: BUTZ , J. MAURO , J.


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