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The People v. Aaron Dwayne Pinkney

November 9, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
AARON DWAYNE PINKNEY, DEFENDANT AND APPELLANT.



(Super. Ct. No. 09F01334)

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

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Convicted by a jury of unlawfully possessing firearms and ammunition as a felon and placed on probation, defendant Aaron Dwayne Pinkney challenges only certain fees and assessments imposed by the trial court at sentencing. We modify the judgment, remand the matter for correction of the sentencing minute order, and affirm as modified.

FACTUAL AND PROCEDURAL BACKGROUND*fn1

An information charged defendant with two counts of possession of ammunition by a convicted felon (counts one & two; Pen. Code, former § 12316, subd. (b)(1)), possession of oxycodone (count three; Health & Saf. Code, § 11350), possession of morphine (count four; Health & Saf. Code, § 11350), and four counts of possession of a firearm by a convicted felon (counts five-eight; Pen. Code, § 12021, subd. (a)(1)).

Before jury trial began, counts three and four were dismissed on motion of the People, and counts five through eight were renumbered as counts three through six.

The jury acquitted defendant on count three and convicted him on counts one, two, four, five and six.

The trial court placed defendant on five years' formal probation, including 300 days in county jail (with 12 days' credit for time served). The court orally imposed fees and fines including a court security fee of $200 (Pen. Code, § 1465.8), a court facility fee of $150 (Gov. Code, § 70373), a main jail booking fee of $270.17 (Gov. Code, § 29550.2), and a main jail classification fee of $51.34 (Gov. Code, § 29550.2).*fn2

Without explaining the discrepancy, the sentencing minute order/order of probation gives the booking fee as $287.78 and the classification fee as $59.23. It also states that the court security fee is "a court ordered fee[,] not a condition of probation," which the trial court did not expressly state at sentencing.

DISCUSSION

I. Fees Imposed as Conditions of Probation

Defendant contends the trial court erred in imposing the court security fee and the court facility fee as conditions of probation, because case law has held that these fees may not be imposed as probation conditions, but must be imposed as separate ...


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