P. v. Urosevic
Defendant Deni Urosevic pleaded no contest to grand theft (Pen. Code, §§ 484, 487, subd. (a))[1] and receiving, concealing, or withholding stolen property (§ 496, subd. (a)). He also admitted that he had served three prior prison terms (§ 667.5, subd. (b)). The trial court sentenced defendant to county jail for two years pursuant to section 1170, subdivision (h). The court ordered that 16 months of the two-year term be served in jail and that the remaining eight months be served under “community supervision†(hereafter, sometimes mandatory supervision) with various terms and conditions (see § 1170, subd. (h)(5)(B)). The court also ordered defendant to pay a monthly supervision fee of $110 pursuant to section 1203.1b during the eight-month period of supervision, a suspended parole revocation restitution fine of $800, and a criminal conviction assessment of $80.
On appeal, defendant contends that the monthly supervision fee of $110 is unauthorized and must be stricken and that, even assuming such a fee is statutorily authorized, there is insufficient evidence to support a finding of his ability to pay the fee. Defendant also argues that the parole revocation restitution fine is unauthorized and must be stricken, and that the criminal conviction assessment must be reduced to $60. Defendant further contends that his appellate claims have not been forfeited and that, to the extent they have been forfeited, his counsel rendered ineffective assistance.
For reasons that we will explain, we conclude that the monthly supervision fee and the parole revocation restitution fine are unauthorized, and that the criminal conviction assessment must be reduced. We will strike the unauthorized amounts, reduce the criminal conviction assessment to $60, and affirm the judgment as so modified.
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