Opinion
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
Contra Costa County Super. Ct. No. 5-070022-9.
Lambden, J.
Following defendant’s conviction for petty theft (Pen. Code, § 484), the trial court found the allegations of petty theft priors (§ 666) and one prior prison term (§ 667.5, subd. (b)) to be true. The court sentenced defendant to the two-year midterm in state prison. Defendant appeals and her sole argument is that the minute order and the abstract of judgment erroneously included a fee referred to as a “CJA booking fee” for $170 that was not part of the oral pronouncement of judgment. The People agree that this fine should be stricken. Accordingly, we order that the fee referred to as the “CJA booking fee” be stricken from the minute order and the abstract of judgment.
All unspecified code sections refer to the Penal Code.
BACKGROUND
An information filed on January 10, 2007, charged defendant with second degree burglary (§ 459/460, subd. (b)), petty theft with prior theft convictions (§ 484/666), two prior prison terms (§ 667.5, subd. (b)), and presumptive probation ineligibility (§ 1203, subd. (e)(4)). The matter proceeded to a jury trial.
The jury heard evidence that defendant was observed in a Target store by the asset protection specialist. He spotted defendant putting cosmetics into her pants and placing lingerie and socks into a bag after removing the store tags. Defendant then left the store without paying for the items.
Target’s asset protection specialist confronted defendant outside the store, and she cooperatively returned to the store at the specialist’s request. Defendant gave the specialist the items she had removed from Target; the total cost of the items was $45.49.
The jury found defendant guilty of count 2, petty theft, but not guilty of count 1, burglary. Defendant had waived a jury for trial on the priors; the trial court found the petty theft priors and one prior prison term to be true. The court sentenced defendant to the two-year midterm in state prison. The court ordered defendant to pay a $400 restitution fine pursuant to section 1202.4, a $400 restitution fine under section 1202.45, which was stayed pending a successful completion of parole, and a $20 court security fee pursuant to section 1465.8.
The minute order and abstract of judgment also included a “CJA booking fee” in the amount of $170. This fee was not stated on the record by the trial court at sentencing.
Defendant filed a timely notice of appeal.
DISCUSSION
Defendant’s sole argument on appeal is that the clerk’s minute order and the abstract of judgment incorrectly included a fine for $170, only identified as a “CJA booking fee.” Both the People and defendant surmise that this probably was a criminal justice administration fee under Government Code section 29550.2, which the trial court may impose “if the person [convicted] has the ability to pay.” (Gov. Code, § 29550.2, subd. (a).)
The court orally imposed two restitution fines for the amount of $400 (one was stayed pending a successful completion of parole) and a $20 court security fee. The People agree that the court did not orally impose the fine of $170 and never mentioned a “CJA booking fee.” At sentencing, the People did not object to the court’s failure to impose such a fine. The People therefore agree that the “CJA booking fee” in the amount of $170 should be stricken.
We agree that the record provides no support for the imposition of the “CJA booking fee” in the amount of $170.
DISPOSITION
The fee referred to as the “CJA booking fee” for the sum of $170 shall be stricken from the minute order and the abstract of judgment. The judgment is otherwise affirmed.
We concur:Kline, P.J., Haerle, J.