Opinion
H050311
12-28-2023
THE PEOPLE, Plaintiff and Respondent, v. BREWSTER PHELPS, Defendant and Appellant.
NOT TO BE PUBLISHED
(Santa Clara County Super. Ct. No. C1760151)
MEMORANDUM OPINION
GROVER, ACTING P. J.
We resolve this case by memorandum opinion under California Standards of Judicial Administration, Title 8, Standard 8.1. (See also People v. Garcia (2002) 97 Cal.App.4th 847, 853-855.)
Defendant Brewster Phelps appeals from an order denying his petition for resentencing under former Penal Code section 1170.95 and an order denying his motion to vacate various fines and fees. He was convicted by a jury of attempted murder and other offenses in 2018. The trial court sentenced him to a prison term of 25 years to life, consecutive to a term of 10 years. The court also imposed fines and fees including a $129.75 criminal justice administration fee. (Gov. Code, § 29550, former §§ 29550.1, 29550.2.)
Effective June 30, 2022, Penal Code section 1170.95 was renumbered Penal Code section 1172.6, with no changes to the text. (Stats. 2022, ch. 58, § 10.)
In 2022, defendant petitioned for resentencing under former Penal Code section 1170.95. The trial court denied the petition. Defendant also moved to vacate various fines and fees (not including the criminal justice administration fee), and the court denied that motion in a separate order. Having filed timely notices of appeal from both orders, defendant asks this court to vacate any portion of the criminal justice administration fee that remained unpaid as of July 1, 2021.
Effective July 1, 2021, Government Code section 6111, subdivision (a) provides that the "unpaid balance of any court-imposed costs pursuant to [Government Code] Section 27712, subdivision (c) or (f) of Section 29550, and Sections 29550.1, 29550.2, and 29550.3 ... is unenforceable and uncollectible and any portion of a judgment imposing those costs shall be vacated." (Stats. 2020, ch. 92, § 11.) The Attorney General correctly agrees that the $129.75 criminal justice administration fee was imposed in this case under authority covered by Government Code section 6111 and defendant is entitled to the relief he has requested. We will vacate any balance of the criminal justice administration fee imposed that remained unpaid as of July 1, 2021.
DISPOSITION
The orders are modified to vacate any portion of the $129.75 criminal justice administration fee that remained unpaid as of July 1, 2021. As so modified, the orders are affirmed. The clerk of the Superior Court is ordered to prepare a new abstract of judgment reflecting that modification.
WE CONCUR: Lie, J. Bromberg, J.