P. v. Morrison

 

 

 

 

 

 

 

 

 

 

Filed 7/2/13  P. v. Morrison CA4/1

 

 

 

 

 

NOT
TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115>.

 

 

 

COURT
OF APPEAL, FOURTH APPELLATE DISTRICT

 

DIVISION
ONE

 

STATE
OF CALIFORNIA

 
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THE PEOPLE,               Plaintiff and Respondent,               v.   ZIMBALIST EUGENE MORRISON,               Defendant and Appellant.

D062862         (Super. Ct. No. SCD241913)

 

            APPEAL from
a judgment of the Superior Court
of href="http://www.adrservices.org/neutrals/frederick-mandabach.php">San Diego
County, Dwayne K. Moring, Judge.  Affirmed. 


 

            Sheila
Quinlan, under appointment by the Court of Appeal, for Defendant and Appellant.

            Kamala D.
Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General,
Julie L. Garland, Assistant Attorney General, William M. Wood, Meagan Beale and
Marilyn L. George, Deputy Attorneys General, for Plaintiff and Respondent.

            In July
2012, Zimbalist Eugene Morrison stole two bottles of vodka from a grocery
store.  He pled guilty to href="http://www.fearnotlaw.com/">petty theft with prior theft convictions
(Pen. Code, §§ 484, 666) and admitted having suffered a strike conviction (Pen. Code, § 667 subds.
(b)-(i)) and having served a prior prison term (Pen. Code, § 667.5, subd. (b)).  In August, the court dismissed the prison
prior and sentenced Morrison to 32 months in prison (twice the lower
term).  The court imposed a $154 criminal justice
administration fee (booking fee) pursuant to Government Code, section 29550.1.href="#_ftn1" name="_ftnref1" title="">[1]  Morrison appeals, contending that
imposition of the section 29550.1
booking fee violates the equal protection
clause because that section does not require a finding of ability to pay,
unlike the booking fees set forth in sections 29550 and 29550.2, and there
is no rational basis for distinguishing section 29550.1 from the latter
two sections. 

            Morrison did not object in the trial
court to the imposition of the booking fee. 
He has thus forfeited his right to challenge the fee on appeal.  (People
v. McCullough (2013) 56 Cal.4th 589, 593.) 


            Morrison requests that we exercise
our discretion to consider the merits of the equal protection issue.  (People
v. McCullough, supra, 56 Cal.4th at p. 593.)  We decline to do so. 

DISPOSITION

            The judgment is affirmed.

                                                           

AARON,
J.

 

WE CONCUR:

 

 

                                                           

McCONNELL, P. J.

 

 

                                                           

IRION, J.