P. v. Reyes

Filed 8/25/06 P. v. Reyes CA1/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

Defendant Ivan Reyes, a registered sex offender charged with failing to report a change of address, challenges the imposition of a $20 court security fee pursuant to Penal Code section 1465.8. He contends that requiring payment of the fee constitutes the imposition of an ex post facto law, since the statute containing the fee was enacted after commission of the crime to which he pleaded nolo contendere. Following People v. Wallace (2004) 120 Cal.App.4th 867 (Wallace), we affirm.

I. BACKGROUND

Defendant, convicted of rape in Alameda County in 1989, was charged in an information filed September 2, 2005, with one count of failing to register as a sex offender during the time period from April 1, 1997 to February 14, 2000 (Pen. Code, § 290, subd. (a)(1)) and one count of failing to report a change of address during the time period from January 1, 1998 to February 14, 2000. (Pen. Code, § 290, subd. (f).) The information also alleged a prior felony conviction as an enhancement. (Pen. Code, § 1170.12, subd. (c)(1).)

As part of a plea agreement, defendant pleaded nolo contendere to the second count, and the first count was dismissed. He was sentenced to the lower term of 16 months, doubled as a result of the prior conviction, for a total of 32 months. A â€