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Probation Supervision Fee Struck; Sentencing Order Vacated

People v. Clark Court: California Courts of Appeal, Docket: A158238 (First Appellate District), Opinion Date: July 29, 2021. Clark, a felon with multiple priors, was approached by a police officer and fled the scene, disposed of a loaded handgun by throwing it over a fence, and then resisted arrest, ultimately injuring the officer. Clark pleaded no contest possession of a firearm by a felon and to threatening a police officer; the prosecutor dismissed the additional counts. The San Mateo County Superior Court imposed a 42-month prison sentence, suspended execution of the sentence, and placed Clark on probation for five years, with standard conditions of one year in county jail, modifiable to residential treatment. Clark left residential treatment without permission. The court found that Clark violated the terms of his probation and ordered the original prison sentence into execution and orally pronounced that “[a] $300 probation revocation fine is imposed and all outstanding fines and fees.” In the abstract of judgment, the court listed: $300 fine, $300 suspended parole revocation fine, $300 probation revocation fine, $40 court operations assessment, and $30 conviction assessment. … Total Fine/Fees $570." While his appeal was pending, Assembly Bill 1869 repealed the statute authorizing the probation supervision fee, Penal Code 1203.1b. The court of appeal held that Assembly Bill 1869 applies, so the $100 fee must be stricken; the $470 “Criminal Violation Distribution” fine did not accurately reflect the oral pronouncement of judgment. The court vacated the sentencing order, subject to reinstatement on remand with an amended abstract of judgment.


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