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The People v. Glenn Bruce Blakey

March 28, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
GLENN BRUCE BLAKEY, DEFENDANT AND APPELLANT.



(Super. Ct. No. CM030605)

The opinion of the court was delivered by: Mauro , J.

P. v. Blakey

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Glenn Bruce Blakey pleaded no contest to unlawful sexual intercourse and oral copulation of a person under age 18. He was placed on probation and was ordered to pay, among other things, a $1,080 sex crime fine and a $60 court security fee. After violating probation, however, the trial court revoked his probation, sentenced him to prison, and imposed various fines and assessments "as previously ordered," including the $60 court security fee and the $1,080 sex crime fine.

Defendant contends on appeal that (1) the $60 court security fee ($30 per count) must be reduced to $20 per count, the statutory amount at the time of his conviction, and (2) the various components of the $1,080 sex crime fine must be itemized on the abstract of judgment. The Attorney General agrees with both contentions, and we also agree.

We will modify the judgment, affirm the judgment as modified, and direct the trial court to prepare an amended abstract of judgment.

BACKGROUND

The underlying facts regarding defendant's offenses are not at issue in this appeal and need not be recounted in this opinion. It is sufficient to explain that defendant pleaded no contest to unlawful sexual intercourse (Pen. Code,*fn1 § 261.5, subd. (c); count 1) and oral copulation of a person under age 18 (§ 288a, subd. (b)(1); count 2). The trial court suspended imposition of sentence and placed defendant on probation for four years on the condition, among others, that he serve one year of incarceration with credit for one year. Defendant was ordered to pay, among other things, a $1,080 sex crime fine (§ 290.3) and a $60 court security fee (§ 1465.8).

Approximately one year later, a petition was filed alleging that defendant violated his probation by contacting the victim, committing new criminal offenses, and terminating his participation in a sex offender therapy program. Defendant admitted the violations. The trial court revoked defendant's probation, sentenced him to prison for two years eight months, and imposed various fines and assessments "as previously ordered," including the $60 court security fee and the $1,080 sex crime fine. The trial court awarded defendant 209 days of local custody credit, 85 days of state custody credit, and 146 days of conduct credit.*fn2

DISCUSSION

I

Defendant contends that the $60 court security fee, consisting of $30 per count, must be modified to $20 per count, the statutory amount at the time of ...


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