P. v. Sayre
Defendant Kimberly Sue Sayre pled no contest to assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1))[1] in September 2008. Imposition of sentence was suspended and defendant was placed on five years of formal probation. Defendant's probation was subsequently revoked in August 2009 and she was sentenced to the upper term of four years in state prison. At sentencing, the court imposed numerous fines and fees, including a $30 facilities fee pursuant to Government Code section 70373. The court also increased the previously imposed court security fee from $20 to $30, and defendant was awarded 504 days' custody credit, i.e., 336 days' actual custody credit and 168 days' conduct credit.
Defendant makes three claims on appeal. First, defendant contends the $30 facilities fee should be stricken. Second, she contends the court erred in increasing the previously imposed court security fee from $20 to $30 when her probation was revoked. Third, defendant contends she is entitled to additional conduct credit pursuant to the recent amendments to section 4019. court find each of defendant's claims to have merit.
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