P. v. Cushman
On appeal, defendant Jacoby Donell Cushman contends that (1) the prospective application of the Criminal Justice Realignment Act of 2011 (Realignment Act) (Stats. 2011, ch. 15, § 482) violates his right to equal protection of the law, and (2) the trial court did not determine defendant’s ability to pay various fines and fees or specify the statutory basis for each fine, fee, and assessment. Following the California Supreme Court’s recent decision in People v. Lara (2012) 54 Cal.4th 896 at page 906, footnote 9 (Lara), we reject defendant’s equal protection contention. With respect to the fines and fees imposed upon defendant, we remand for a new hearing on fines and fees to allow the trial court to determine ability to pay and to itemize all fines, fees, and assessments. In all other respects, we affirm the judgment.
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