Opinion
NOT TO BE PUBLISHED
Super. Ct. No. 08F00431
HULL, Acting P. J.Defendant Larry Garcia pleaded no contest to two counts of attempted murder (Pen. Code, § 664, 187, subd. (a); further unspecified statutory references are to the Penal Code). As to one count, he admitted personally and intentionally discharging a handgun (§ 12022.53, subd. (c)); as to the other, he admitted personally using a handgun (§ 12022.53, subd. (b)). The trial court sentenced defendant to the stipulated prison term of 34 years 8 months, and imposed various fines. In so doing, it stated: “Any mandatory fines are imposed. Any discretionary fines and fees are stricken.”
On appeal, defendant contends, and the People concede, that the abstract of judgment should be amended to delete two fines that were not imposed by the trial court--a jail classification fee of $28.75 and booking fee of $263.85 (both imposed pursuant to Gov. Code, § 29550.2)--and to add a court security fine of $20, required by section 1465.8.
We agree.
Both the classification and booking fees, authorized by Government Code section 29550.2, are components of a criminal justice administrative fee which a trial court may exercise its discretion to impose “[i]f the person has the ability to pay....” (Gov. Code, § 29550.2, subd. (a).) As the trial court announced at sentencing its intent to strike (i.e., not to impose) “[a]ny discretionary fines and fees, ” neither the classification nor the booking fee should have been reflected in the abstract of judgment. We shall order them stricken, as the parties request. (People v. Mitchell (2001) 26 Cal.4th 181, 185 [appellate court may order correction of abstract of judgment that does not accurately reflect sentencing court’s oral judgment].)
Government Code, section 29550.2 provides in pertinent part: “(a) Any person booked into a county jail pursuant to any arrest by any governmental entity not specified in Section 29550 or 29550.1 is subject to a criminal justice administration fee for administration costs incurred in conjunction with the arresting and booking if the person is convicted of any criminal offense relating to the arrest and booking. The fee which the county is entitled to recover pursuant to this subdivision shall not exceed the actual administrative costs, as defined in subdivision (c), including applicable overhead costs as permitted by federal Circular A 87 standards, incurred in booking or otherwise processing arrested persons. If the person has the ability to pay, a judgment of conviction shall contain an order for payment of the amount of the criminal justice administration fee by the convicted person, and execution shall be issued on the order in the same manner as a judgment in a civil action, but the order shall not be enforceable by contempt. The court shall, as a condition of probation, order the convicted person to reimburse the county for the criminal justice administration fee.” The “actual administrative costs, ” which may be included in a criminal justice administrative fee imposed include the cost of “[t]he classification of an arrestee.” (Gov. Code, § 29550.2, subd. (c)(7).)
We also agree with the parties that the abstract of judgment should be amended to reflect the additional imposition of a “mandatory” court security fee ordered imposed by the trial court at sentencing. We depart from the parties’ concession, however, as to the amount of the required fine.
When defendant was sentenced, on August 7, 2009, section 1465.8, subdivision (a)(1), mandated that “[t]o ensure and maintain adequate funding for court security, a fee of thirty dollars ($30) shall be imposed on every conviction for a criminal offense, including a traffic offense, except parking offenses....” (Stats. 2009-2010, 4th Ex. Sess., ch. 22, § 29 [eff. July 28, 2009].) The trial court imposed one court security fee, in the amount of $20, pursuant to a former version of section 1465.8, subdivision (a)(1). The trial court should instead have imposed two $30 court security fees, one for each of defendant’s two convictions, for a total of $60. (People v. Walz (2008) 160 Cal.App.4th 1364, 1372.)
The recent amendments to section 4019 do not operate to modify defendant’s entitlement to credit, as he was committed for a serious or violent felony. (Pen. Code, § 4019, subds. (b)(1), (2) & (c)(1), (2); Stats. 2009, 3d Ex. Sess., ch. 28, § 50.)
Disposition
The classification and booking fees imposed pursuant to Government Code section 29550.2 are stricken. The trial court shall amend the abstract of judgment to reflect the imposition of one $30 court security fee for each of defendant’s two convictions, for a total of $60. In all other respects, the judgment is affirmed. The trial court shall prepare an amended abstract of judgment and forward a copy to the Department of Corrections and Rehabilitation.
We concur: BUTZ, J., CANTIL-SAKAUYE, J.