P. v. Fonseca
Defendant Xavier Fonseca appeals from the judgment entered following his conviction for lewd acts upon a child (Pen. Code,[1] § 288, subd. (c)(1)), unlawful sexual intercourse (§ 261.5, subds. (c), (d)), and oral copulation of a person under age 18 (§ 288a, subd. (b)(1)). He contends that the court erred in imposing a $40 criminal assessment for each conviction instead of a $30 fee for each. Further, he contends that the trial court miscalculated both his presentence custody and conduct credits. Finally, he asserts that the matter should be remanded to the trial court to prepare an amended abstract of judgment itemizing the statutory bases for the penalty assessments imposed. The Attorney General concedes each of these points, and we agree. As modified, the judgment is affirmed.
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