California Court of Appeal

Conviction for felony petty theft is affirmed and subsequent fines in connection with the conviction are affirmed in part and reversed in part where: 1) a Penal Code sec 1202.5 (a) fine must be imposed principally in theft related cases, contingent on the ability to pay, and is also subject to additional penalty assessments, the state surcharge, the state court construction penalty, and two DNA penalties; and 2) on remittur, the court must assess defendant's ability to pay in light of his financial obligations and whether to impose the full fine and the other assessments, surcharge, and penalties, a lesser amount, or none at all.

Appellate Information

• Decided 07/29/2009
• Published 07/29/2009

Judges

• TURNER, P.J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Charles Courtney Tucker, for the Administrative Office of the Courts as amicus curiae.


• For Appellees:
  
• Linda L. Gordon, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, and Sarah J. Farhat, Deputy Attorney General, for Plaintiff and Respondent.