Filed 3/18/22 P. v. Guerrero CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
| THE PEOPLE,
Plaintiff and Respondent,
v.
JON DAVID GUERRERO,
Defendant and Appellant.
| D078623
(Super. Ct. No. SCD267850) |
APPEAL from a judgment of the Superior Court of San Diego County, Kenneth K. So, Judge. Affirmed as modified.
Patricia A. Scott, under appointment by the Court of Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Robin Urbanski, Acting Assistant Attorney General, Melissa Mandel, Seth M. Friedman, and Joy Utomi, Deputy Attorneys General, for Plaintiff and Respondent.
In this case, the appellant pleaded guilty to four murders, four attempted murders, and numerous other violent crimes. He was sentenced to four life without parole terms plus 56 years to life plus 87 years in prison. This appeal, however, is about a $154 fee, which has been repealed by the Legislature. The parties agree the fee must be vacated. We will order the judgment modified and otherwise affirm.
PROCEDURAL BACKGROUND
Jon David Guerrero pleaded guilty to all of the charges and admitted all allegations. Specifically, he pleaded guilty to four counts of murder (Pen. code,[1] § 187, subd. (a)); four counts of attempted murder (§§ 664 and 187, subd. (a)); five counts of assault by means of force likely to cause great bodily injury (§ 245, subd. (a)(4)); and two counts of arson (§ 451, subd. (d)).
The court sentenced Guerrero to four terms of life without the possibility of parole with an additional 56 years to life, plus a determinate term of 87 years in prison. The court also imposed various fines, fees, and assessments, among them was a $154 criminal justice administration fee.
Guerrero filed a timely notice of appeal.[2]
DISCUSSION
Effective July 1, 2021, Assembly Bill No. 1869 (2019-2020 Reg. Sess.) (Assembly Bill 1869) eliminated a number of fines and fees in criminal cases. Government Code section 6111 enacted in Assembly Bill 1869, eliminated the unpaid balance of the criminal justice administration fee as of July 1, 2021.
Guerrero contends and the Attorney General agrees, we must vacate the challenged fee. The legislative action has made the fee unenforceable, and no collection efforts may be made. Caselaw holds that the statutory scheme of Assembly Bill 1869 requires vacatur of the now defunct fee. (People v. Lopez-Vinck (2021) 68 Cal.App.5th 945, 954; People v. Clark (2021) 67 Cal.App.5th 248, 259.)
DISPOSITION
The superior court is directed to vacate the $154 criminal justice administration fee and amend the judgment accordingly. In all other respects, the judgment is affirmed.
HUFFMAN, J.
WE CONCUR:
McCONNELL, P. J.
IRION, J.
[1] All further statutory references are to the Penal Code.
[2] The facts of the underlying crimes are not relevant to the resolution of this appeal. We will omit the traditional statement of facts.
