Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of Los Angeles County No. BA358329 Edmund W. Clark, Jr., Judge.
Karyn H. Bucur, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Scott A. Taryle and Idan Ivri, Deputy Attorneys General, for Plaintiff and Respondent.
BIGELOW, P.J.
Shirley M. Lee pled no contest to one count of grand theft of personal property under Penal Code section 487, subdivision (a) and one count of identity theft under section 530.5, subdivision (a). Imposition of sentence was suspended and Lee was sentenced to the low term of 16 months for each count. She was ordered to pay $17,600 to Citibank as restitution pursuant to section 1202.4, subdivision (f). Lee was placed on probation with the condition that she pay various fines: a $30 court security assessment pursuant to section 1465.8, subdivision (a)(1), a $30 criminal conviction assessment pursuant to Government Code section 70373 and a $10 crime prevention fine pursuant to section 1202.5.
All further section references are to the Penal Code unless otherwise specified.
On appeal, Lee contends the fines ordered by the court to be paid were improperly imposed as conditions to her probation. We agree and the People concede the issue. (People v. Pacheco (2010) 187 Cal.App.4th 1392, 1402-1403.) The proper remedy in such a case is to delete the fines as conditions of probation and instead impose each as a separate order of the court’s judgment. (Ibid.) We adhere to that protocol.
DISPOSITION
The judgment is modified to impose the following fines as a separate order and delete them as conditions of probation: $30 court security assessment pursuant to section 1465.8, subdivision (a)(1), $30 criminal conviction assessment pursuant to Government Code section 70373 and $10 crime prevention fine pursuant to section 1202.5. In all other respects, the judgment is affirmed.
We concur: RUBIN, J., GRIMES, J.