P. v. Alaniz
Filed 6/15/10 P. v. Alaniz CA1/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE, Plaintiff and Respondent, v. JOSE ANGEL ALANIZ, Defendant and Appellant. | A126737 (Contra Costa County Super. Ct. No. 300606-1) |
On October 20, 2009, defendant pled no contest to three counts of failing to register as a sex offender. (Pen. Code,[1] 290, subd. (b), 290.12, subd. (a), 290.013.) Pursuant to a negotiated disposition, imposition of sentence was suspended and defendant was placed on formal probation. As a condition of probation, defendant was ordered to serve 120 days in county jail. The court also imposed numerous fees and fines, including a fine of $1,140 purportedly pursuant to section 290.
On appeal, defendant asks this court to strike the $1,140 fine because the Sex Offender Registration Act, section 290 et seq., does not authorize imposition of a fine based on a defendants failure to register. Defendant notes correctly that section 290.3, which requires the court to impose a fine on [e]very person who is convicted of any offense specified in subdivision (c) of Section 290 is not applicable because it applies only to a conviction for an offense enumerated in subdivision (c) of section 290 and not to a subsequent failure to register under subdivision (b) of section 290.[2] Likewise, section 290.018, which specifies the penalty for a failure to register, does not authorize imposition of a fine.[3] The Attorney General agrees that since there is no basis for the fine for not registering as a sex offender . . . , the 290 fine of $1140 should be eliminated. Accordingly, we will strike the $1,140 fine and affirm the judgment in all other respects.
Disposition
The fine for $1,140 purportedly imposed pursuant to section 290 is stricken. The judgment is affirmed in all other respects.
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Pollak, J.
We concur:
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McGuiness, P. J.
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Siggins, J.
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[1] All statutory references are to the Penal Code.
[2] Section 290.3, subdivision (a), provides in relevant part: Every person who is convicted of any offense specified in subdivision (c) of Section 290 shall, in addition to any imprisonment or fine, or both, imposed for commission of the underlying offense, be punished by a fine of three hundred dollars ($300) upon the first conviction or a fine of five hundred dollars ($500) upon the second and each subsequent conviction, unless the court determines that the defendant does not have the ability to pay the fine.
[3] Section 290.018, subdivision (b) provides in relevant part: any person who is required to register under the Act based on a felony conviction or juvenile adjudication who willfully violates any requirement of the Act or who has a prior conviction or juvenile adjudication for the offense of failing to register under the Act and who subsequently and willfully violates any requirement of the Act is guilty of a felony and shall be punished by imprisonment in the state prison for 16 months, or two or three years.
