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Criminal Law Sentencing Case Summaries
 

■ People v. Castellanos , No. B210705

 Defendant, Luis Castellanos, appeals after he was convicted of felony petty theft with a prior conviction in violation of Penal Code[1] sections 484, subdivision (a), and 666.   In the published portion of this opinion, we discuss whether the section 1202.5, subdivision (a) fine which, subject to the accused’s ability to pay, must be imposed principally in theft related cases, is subject to additional penalty assessments, the state surcharge, the state court construction penalty, and two deoxyribonucleic acid penalties.  We conclude the aforementioned additional financial obligations must be imposed in addition to the section 1202.5, subdivision (a) fine.  Thus, upon remittitur issuance, the trial court is to determine whether defendant, an incarcerated career criminal who was an unemployed student when he was arrested in this case, has the ability to pay the section 1202.5, subdivision (a) fine in light of all of his financial obligations. 

            Defendant was sentenced to seven years in state prison:  three years for petty theft with a prior conviction; three additional years pursuant to sections 667, subdivision (e)(1) and 1170.12, subdivision (c)(1); and one year pursuant to section 667.5, subdivision (b).  Defendant received credit for 173 days in actual presentence custody and 86 days of conduct credit for a total presentence custody credit of 259 days.  He was ordered to pay:  a $20 court security fee (§ 1465.8, subd. (a)(1); a $10 crime prevention programs fine (§ 1202.5, subd. (a)); a $500 restitution fine (§ 1202.4, subd. (b)(1)); and a $500 parole revocation restitution fine (§ 1202.45).

            We asked the parties to address the issue of whether the section 1202.5, subdivision (a) fine is subject to any additional assessments, a surcharge, or further penalties.  Section 1202.5, subdivision (a) states in part:  “In any case in which a defendant is convicted of any of the offenses enumerated in . . . Section 484 . . . , the court shall order the defendant to pay a fine of ten dollars ($10) in addition to any other penalty or fine imposed.  If the court determines that the defendant has the ability to pay all or part of the fine, the court shall set the amount to be reimbursed and order the defendant to pay that sum to the county in the manner in which the court believes reasonable and compatible with the defendant’s financial ability.  In making a determination of whether a defendant has the ability to pay, the court shall take into account the amount of any other fine imposed upon the defendant and any amount the defendant has been ordered to pay in restitution.”  Enacted in 1985, the stated purpose of section 1202.5, subdivision (a) was to provide additional funding for peace officer training.  (Legis. Counsel’s Dig., Sen. Bill No. 347 (1985-1986 Reg. Sess.) 4 Stats. 1985, Summary Dig., p. 483.) 
People v. Castellanos -B210705-5/18/09 CA2/5
People v. Castellanos -B210705-5/18/09 CA2/5

■ HELD:

Trial court imposition of a fine under Penal Code sec. 1202.5 in connection with defendant's conviction for felony petty theft is reversed and remanded for the court to determine whether the defendant has the ability to pay in light of the additional financial obligations attached to the fine.


 

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