P. v. Terway
Defendant entered a negotiated plea of no contest to three counts of committing forcible lewd acts upon a child under the age of 14. (Pen. Code, 288, subd. (b)(1).) The offenses occurred between December 2000 and December 2002. Defendant entered his plea on May 2, 2006. On June 9, 2006, in accordance with his plea, defendant was sentenced to state prison for 18 years. The trial court also imposed three $20 security fees pursuant to Penal Code section 1465.8, subdivision (a)(1).
Court agree with the reasoning in People v. Alford that Penal Code section 1465.8 may be applied retroactively: the enactment of Penal Code section 1465.8 as part of an urgency measure to implement the Budget Act of 2003 indicates a legislative intent to implement the statute immediately; retroactive application facilitates the stated objective of the statute, which is to ensure and maintain adequate funding for court security; the imposition of the fee does not interfere with a defendants antecedent rights; a defendant does not have a vested interest in avoiding a minimal contribution to court security; and a defendant does not incur additional punishment from imposition of the fee. Accordingly, Court find no error in the imposition of the fee.
The judgment is affirmed.
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