PEOPLE v. McCULLOUGH
Filed 3/22/11
CERTIFIED FOR PARTIAL PUBLICATION*
COPY
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. ANTOINE J. McCULLOUGH, Defendant and Appellant. | C064982 (Super. Ct. No. 09F08232) |
APPEAL from a judgment of the Superior Court of Sacramento County, Steve White, Judge. Affirmed as modified.
Gideon Margolis, 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, and Michael A. Canzoneri, Deputy Attorney General, for Plaintiff and Respondent.
Defendant Antoine J. McCullough entered a plea of no contest to being a convicted felon in possession of a firearm ( ADDIN BA xc <@st> xl 32 s FILOTU000001 xpl 1 l "Pen. Code, § 12021, subd. (a)(1)" Pen. Code, § 12021, subd. (a)(1)) and admitted a prior prison term allegation ( ADDIN BA xc <@$id> xl 23 s ID xpl 1 id., § 667.5, subd. (b)) in exchange for dismissal of the remaining counts and allegations and a stipulated state prison sentence of an aggregate term of four years. The court sentenced defendant accordingly.
Defendant appeals. The trial court granted defendant's request for a certificate of probable cause. ( ADDIN BA xc <@st> xl 19 s FILOTU000002 xpl 1 l "Pen. Code, § 1237.5" Pen. Code, § 1237.5.)
Defendant contends there is no evidence to support a finding of his ability to pay a $270.17 jail booking fee and a $10 crime prevention fine. He also claims the crime prevention fine is inapplicable to his crime and thus unauthorized. Finally, he claims that he is entitled to additional presentence custody credit pursuant to recent amendments to ADDIN BA xc <@st> xl 23 s FILOTU000003 l "Penal Code § 4019" Penal Code section 4019.
In the published portion of the opinion, we hold that defendant forfeited his challenge to the booking fee by failing to object in the trial court.
In the unpublished portion of the opinion, we modify the judgment by striking the crime prevention fee and awarding additional credits.
DISCUSSION
I. CRIME PREVENTION FINE
The People concede that the trial court imposed an unauthorized $10 crime prevention fine. We accept the concession. ADDIN BA xc <@st> xl 25 s FILOTU000004 l "Penal Code § 1202.5" Penal Code section 1202.5 authorizes a $10 fine for specified offenses. Defendant was convicted of violating ADDIN BA xc <@st> xl 24 s FILOTU000005 l "Penal Code § 12021" Penal Code section 12021, which is not listed in ADDIN BA xc <@$st> xl 25 s FILOTU000004 Penal Code section 1202.5.[1] We will order the $10 crime prevention fine stricken. (See ADDIN BA xc <@cs> xl 53 s FILOTU000007 xhfl Rep xpl 1 l "People v. Crittle (2007)
II. JAIL BOOKING FEE
When defendant entered his plea, the trial court advised him that as a consequence, fees would be imposed. Having waived referral to probation, defendant was immediately sentenced following entry of his plea. When the court imposed the first fine, an $800 restitution fine, defense counsel asked that the court impose the statutory minimum amount of $200, claiming defendant was on a â€
| Description | Defendant Antoine J. McCullough entered a plea of no contest to being a convicted felon in possession of a firearm "Pen. Code, § 12021, subd. (a)(1)" Pen. Code, § 12021, subd. (a)(1)) and admitted a prior prison term allegation ( § 667.5, subd. (b)) in exchange for dismissal of the remaining counts and allegations and a stipulated state prison sentence of an aggregate term of four years. The court sentenced defendant accordingly. |
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