P. v. Montgomery
Defendant entered a no contest plea to possession of methamphetamine occurring, in exchange for dismissal of the remaining count as well as other pending matters. Defendant appeals. Defendant did not request a certificate of probable cause. Defendant challenges only the imposition of the court security fee. Defendant argues that the fee was improperly applied retroactively against him. The Attorney General concedes, citing People v. Carmichael, which determined that “the last act or event necessary to trigger application of the statute” was the date of defendant’s offense, and People v. Alford, which determined that “the last act or event necessary to trigger application of the statute” was defendant’s conviction.
The judgment is modified by striking the $20 court security fee. The trial court is directed to prepare an amended abstract of judgment accordingly and to forward a certified copy to the Department of Corrections and Rehabilitation. As modified, the judgment is affirmed.
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