P. v. Servin
Defendant was convicted of first degree murder and street terrorism. The jury found true the special circumstance alleging the murder had been committed while defendant was an active gang member and was carried out to further the gangs criminal activities. The jury also found true several conduct enhancements, including a gang enhancement. In light of the true finding on the special circumstance, the trial court sentenced defendant to life in prison without the possibility of parole on the murder conviction; the court also sentenced defendant to the upper term of three years on the street gang terrorism conviction. (The court also imposed a consecutive sentence of 25 years to life on one of the enhancements; this portion of the sentence is not challenged on appeal.)Finally, defendant argues the trial court erred by retroactively imposing a security fee. Court agree. Section 1465.8, which authorizes the security fee, was enacted after defendant committed these crimes. Section 3 prohibits retroactive application of any part of the Penal Code, absent an express declaration of retroactivity. No such declaration exists in section 1465.8. Therefore, the security fee must be stricken.
The imposition of a security fee under Penal Code section 1465.8, subdivision (a), is stricken. The trial court is directed to prepare an amended abstract of judgment staying imposition of sentence on count 2, and to send a certified copy of the amended abstract of judgment to the Department of Corrections and Rehabilitation. In all other respects, the judgment is affirmed.
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