California Court of Appeal

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People v. Pacheco, H034454

In a prosecution of defendant for welfare fraud in violation of Welfare and Institutions Code section 10980(c)(2), trial court's order placing defendant on formal probation for a period of three years subject to various conditions and imposition of various fees and fines are modified and remanded where: 1) defendant's claims are not forfeited or waived on appeal; 2) there is no evidence of defendant's ability to pay the $100 in attorney fees, the $259.50 criminal justice administration fee, and the $64 per month probation supervision fee; 3) the order to pay attorney fees and the imposition of the monthly probation supervision fee are improper conditions of probation; 4) trial court's judgment is modified to reflect that the $20 court security fee is deleted as a condition of probation and is instead a separate order; and 5) trial court's judgment is modified to delete an unidentified $30 fee that the court did not impose.

Appellate Information

  • Submitted 08/31/2010
  • Decided 08/31/2010
  • Published 08/31/2010


  • Duffy


  • California Court of Appeal


  • For Appellant:
  • Danalynn Pritz, Edmund G. Brown Jr.

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