P. v. Hughes CA1/5
Anthony Q. Hughes was convicted of second degree murder (Pen. Code, § 187, subd. (a)), and sentenced to 16 years to life. The trial court ordered Hughes to pay $20,040 in victim restitution, plus interest, “plus an administrative fee not to exceed 15 percent of the restitution owed ( . . . § 1203.1(l)).” In this appeal, Hughes contends the administrative fee is unauthorized and must be stricken because section 1203.1, subdivision (l), applies when a defendant is ordered to pay victim restitution as a condition of probation. Here, the court ordered Hughes to pay victim restitution pursuant to section 1202.4, subdivisions (a) and (f), and not as a condition of probation. Therefore, Hughes requests that we “vacate the trial court’s order requiring appellant to pay a 15 percent administrative fee in addition to direct victim restitution, and remand the case to the trial court to issue a new restitution order which does not include any administrative fee.”
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