P. v. McCormack CA1/3
Derek Steven McCormack pled no contest to arson of an inhabited dwelling and admitted an enhancement that the fire was set during the Governor’s declaration of a state of emergency (§§ 451, subd. (b), 454, subd. (b)). In April 2021, the trial court sentenced McCormack to nine years in state prison pursuant to the negotiated disposition. The court imposed a $312 presentence report fee pursuant to former section 1203.1b.
McCormack raises two claims on appeal. First, he argues the abstract of judgment erroneously omits the state of emergency enhancement attached to the arson conviction. Second, he argues the presentence report fee must be stricken in light of Assembly Bill No. 1869 (2019–2020 Reg. Sess.) which, as relevant here, makes the unpaid balance of that fee unenforceable and uncollectible as of July 1, 2021, and requires that any portion of the judgment imposing such a fee be vacated. (§ 1465.9, subd. (a); People v. Clark (2021) 67 Cal.App.5th 248, 259–260.)
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