P. v. Hernandez
While he was on probation for burglary of a dwelling, the defendant stole a cell phone from Seema Chicherur. He was charged with second degree robbery for taking the cell phone as well as false imprisonment. In addition he was charged with having prior serious felony convictions. He committed these offenses while on probation. After a rather lengthy presentation concerning defendant’s mental disabilities the court, in accordance with a plea agreement allowed him to enter a plea of no contest to second degree robbery. He also admitted the strike prior. The false imprisonment count was dismissed and the court sentenced him to four years in prison.
His appeal here urges us to reverse the trial court because it ordered him to pay a booking fee of $129.75 to the City of San Jose, this pursuant to Government Code sections 29550, 29550.1 and 29550.2.
In aid of his argument, he claims, as a matter of fact, that the trial court failed to assess his ability to pay the $129.75 booking fee and failed to determine what the actual administrative costs for the booking was. He supports his argument citing People v. Pacheo (2010) 187 Cal.App.4th 1392, 1399 (Pacheco), disapproved in People v. McCullough (2013) 56 Cal.4th 589, 598 (McCullough), as well as Government Code section 29550, subdivision (a) which provides that the fee “shall not exceed the actual administrative costs†of booking. The Attorney General answers that the argument is forfeited because he failed to object at the time of the fee imposition.
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