California Court of Appeal

In a case wherein the court imposed a restitution fine plus a "10 percent administrative fee" for defendant's conviction for violent crimes, the court of appeals rules that: 1) the 10 percent fee was erroneously added to the defendant's restitution fund payment, as the fee was unauthorized by Penal Code section 1202.4; and 2) an order of probation, like an abstract of judgment, must specify the statutory basis of each fine or fee imposed.

Appellate Information

• Decided 04/30/2008
• Published 04/30/2008

Judges

• SIMS, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Law Office of William J. Capriola and William J. Capriola, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown Jr., Attorney General, Dane R. Gillette, Michael P. Farrell, Assistant Attorneys General, John G. McLean, Supervising Deputy Attorney General, for Plaintiff and Respondent.