P. v. Richard
Defendant Isaac Aaron Richard pled guilty to robbery (Pen. Code, § 211) and street terrorism (Pen. Code, § 186.22, subd. (a)). Defendant also admitted a gang enhancement (Pen. Code, § 186.22, subd. (b)(1)). In accordance with the terms of his plea, the trial court sentenced defendant to serve an aggregate term of 18 years in state prison.
At sentencing, the trial court ordered defendant to pay numerous fines and fees including restitution in an amount to “be determined by the Department of Corrections [and Rehabilitation].†The trial court also ordered defendant to pay a $240 restitution fine (Pen. Code, § 1202.4) and a $24 “surcharge.â€
On appeal, defendant contends the trial court erred in ordering the Department of Corrections and Rehabilitation to calculate restitution. We disagree and conclude the trial court’s order was proper.
Defendant also contends the trial court erred in imposing a $24 “surcharge†without identifying the statutory authority for that fee and asks this court to vacate the fee. The People concede the trial court was required to identify the statutory basis for the surcharge and request remand on that issue alone.
Comments on P. v. Richard