PEOPLE
v. PACHECO





















Filed 8/31/10













CERTIFIED
FOR PUBLICATION



IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SIXTH
APPELLATE DISTRICT




>

THE PEOPLE, Plaintiff and Respondent, v. SEGUIN MARTI PACHECO, Defendant and Appellant.

H034454 (Santa Clara County Super.Ct.No. CC812286)

Defendant
Seguin Marti Pacheco was convicted by plea of one count of welfare fraud in
violation of Welfare and Institutions Code section 10980, subdivision
(c)(2). The court suspended the
imposition of sentence and placed Pacheco on formal probation for a period of three
years subject to various conditions. The
court also imposed various fines and fees.
On appeal, Pacheco challenges the order directing him to pay $100 in
attorney fees under Penal Code section 987.8,[1] and the
court's imposition of a $259.50 criminal justice administration fee under
either Government Code section 29550, subdivision (c) or Government Code
section 29550.2, and a $64 per month probation fee under section 1203.1b,
subdivision (a). His challenge to all
three fines or fees is based on the court having failed to determine his
ability to pay them. Pacheco also
challenges a $30 fee appearing in the minute order that the court did not
orally pronounce and he finally contends that the $20 court security fee should
not have been imposed as a probation condition.
Finding merit in Pacheco's claims, we modify the judgment and remand to the
trial court with directions.

STATEMENT OF THE CASE

The record
does not contain the factual basis of the crime. But the felony complaint alleged that Pacheco
and Linda Martinez committed â€