P. v. Romer
Defendant admitted he twice kicked a cat into the air, and pled guilty to two counts of felony cruelty to animals (Pen. Code, 597, subd. (b)), one each in case Nos. CRF04 1198, and CRF04 1455, respectively. The court sentenced defendant to time served, placed him on formal probation, and ordered him to pay (among other things) a $200 stayed probation revocation restitution fine pursuant to Penal Code section 1202.44, and a $35 restitution collection fee pursuant to Penal Code section 1202.4.
On appeal, defendant first contends the probation revocation restitution fine imposed under section 1202.44 must be stricken on ex post facto grounds. The People concede the point and we agree. Both offenses were committed in May 2004. Section 1202.44 became effective on August 16, 2004. (Stats. 2004, ch. 223, 3.) The statute cannot constitutionally be applied to conduct that occurred prior to that date. (Cf. People v. Callejas (2000) 85 Cal.App.4th 667, 670-678.)
The probation revocation restitution fine imposed pursuant to Penal Code section 1202.44 is stricken. The judgment is modified to reflect the imposition of a restitution collection fee imposed pursuant to Penal Code section 1202.4, subdivision (l), in the amount of $20. In all other respects, the judgment is affirmed.
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