P. v. Valenciz
Filed 3/9/11 P. v. Valenciz CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. ELEAZAR GALVAN VALENCIA, Defendant and Appellant. | F060212 (Super. Ct. No. LF008183A) O P I N I O N |
THE COURT*
APPEAL from a judgment of the Superior Court of Kern County. Louis P. Etcheverry, Judge.
Rex Williams, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Raymond L. Brosterhous II, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
Pursuant to a plea agreement, appellant, Eleazar Galvan Valencia, pled no contest to two counts of committing a forcible lewd act upon a child under the age of 14 (Pen. Code, § 288, subd. (b)(1); counts 1, 2). The court imposed a prison sentence of 16 years and made various orders, including that appellant pay on counts 1 and 2, respectively, fines of $300 and $500 pursuant to Penal Code section 290.3 (section 290.3) and penalty assessments of $780 and $1,300. Those penalty assessments included, among other charges, assessments under Government Code section 76104.7 (section 76104.7) of $30 and $50 on counts 1 and 2, respectively.
On appeal, appellant contends, and the People concede, as follows: (1) the section 290.3 fines exceeded the amount allowed under the version of the statute in effect at the time of the commission of the underlying offenses, and therefore, those fines, and the penalty assessments computed on the basis of those fines, violated constitutional prohibitions against ex post facto laws; (2) appellant committed the instant offenses prior to the enactment of section 76104.7, and therefore, the imposition of assessments pursuant to that statute also violated constitutional prohibitions against ex post facto laws. We agree, and will modify the judgment accordingly.
DISCUSSION
Section 290.3 Fines
The ex post facto clause of the United States Constitution prohibits legislation which, among other things, â€
| Description | Pursuant to a plea agreement, appellant, Eleazar Galvan Valencia, pled no contest to two counts of committing a forcible lewd act upon a child under the age of 14 (Pen. Code, § 288, subd. (b)(1); counts 1, 2). The court imposed a prison sentence of 16 years and made various orders, including that appellant pay on counts 1 and 2, respectively, fines of $300 and $500 pursuant to Penal Code section 290.3 (section 290.3) and penalty assessments of $780 and $1,300. Those penalty assessments included, among other charges, assessments under Government Code section 76104.7 (section 76104.7) of $30 and $50 on counts 1 and 2, respectively. On appeal, appellant contends, and the People concede, as follows: (1) the section 290.3 fines exceeded the amount allowed under the version of the statute in effect at the time of the commission of the underlying offenses, and therefore, those fines, and the penalty assessments computed on the basis of those fines, violated constitutional prohibitions against ex post facto laws; (2) appellant committed the instant offenses prior to the enactment of section 76104.7, and therefore, the imposition of assessments pursuant to that statute also violated constitutional prohibitions against ex post facto laws. We agree, and will modify the judgment accordingly. |
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