People v. Robinson
209 Cal. App. 4th 401
Cal. Ct. App.2012Background
- Defendant Gregory Robinson was convicted by jury of petty theft (Pen. Code § 487) following an amended information.
- Appointed counsel filed a Wende brief requesting independent review of any arguable issues; defendant submitted a brief alleging ineffective assistance and denial of self-representation.
- The Court conducted further review and requested briefs on whether two court assessments should be imposed: a $40 court operations assessment (Pen. Code, § 1465.8, subd. (a)(1)) and a $30 court facilities assessment (Gov. Code, § 70373, subd. (a)(1)).
- The trial court had denied multiple Marsden and Faretta motions; trial proceeded with the jury’s guilt on petty theft and acquittal on grand theft.
- The trial court sentenced defendant to 180 days in county jail with 253 days of custody credit (169 actual, 84 conduct), and stated credit exceeded the maximum for the misdemeanor with no fees or fines imposed.
- This appeal centers on the proper treatment of court assessments and whether custody credits affect those assessments; the court remanded for amended judgment to include the assessments while holding 2900.5 does not apply to the assessments.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are the court operations and facilities assessments mandatory on conviction? | Robinson argues these assessments are nonpunitive and may be bypassed by credits. | Robinson contends the assessments should be treated as nonpunitive and not part of the sentence. | Yes; the assessments must be imposed as part of the sentence. |
| Does Section 2900.5 apply to reducing or offsetting the assessments with presentence custody credits? | Robinson contends custody credits should reduce the assessments. | Robinson acknowledges 2900.5 may apply to fines but argues it should also affect assessments. | No; 2900.5 does not apply to court assessments; credits do not reduce assessments. |
Key Cases Cited
- People v. Crabtree, 169 Cal.App.4th 1293 (Cal.App.4th 2009) (court operations assessment must be imposed)
- People v. Woods, 191 Cal.App.4th 269 (Cal.App.4th 2010) (court facilities assessment must be imposed)
- People v. Brooks (2009), 175 Cal.App.4th Supp. 1 (Cal.App.4th Supp. 2009) (both assessments required; nonpunitive but mandatory)
- People v. Wallace, 120 Cal.App.4th 867 (Cal.App.4th 2004) (assessments considered nonpunitive but mandatory)
- People v. McGarry, 96 Cal.App.4th 644 (Cal.App.4th 2002) (custody credits apply to fines including penalties)