P. v. Rivera
A jury found Matthew Albert Rivera guilty of burglary (Pen. Code, § 459;[1] count 1) and petty theft (§ 484; count 2). Rivera admitted three prior prison terms (§ 667.5, subd. (b)), one strike (§ 667, subds. (b)-(i)) and, as to count 2, prior theft convictions (§ 666). The court stayed one of the prison priors[2] and sentenced Rivera to four years eight months in prison: two years eight months (twice the lower term) on count 1; a stayed term (§ 654) on count 2; and one year for each of the two remaining prison priors. The court imposed fines and fees, including a $154 criminal justice administration fee (also called a booking fee) (Gov. Code, § 29550.1) and a $38 theft fine including a penalty assessment (§ 1202.5). Rivera appeals, contending imposition of the booking fee denied him equal protection because Government Code section 29550.1, unlike Government Code section 29550, does not require a finding of ability to pay. He also contends there was insufficient evidence of his ability to pay the theft fine. We affirm.
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