People v. Bradley CA4/1
- Proceeding
- appeal from a judgment
- Trial court
- Superior Court of San Diego County · No. SCD287726
- Trial judge
- Robert J. Trentacosta
- Outcome
- modified — Affirmed as modified.
- Area
- criminal
- Panel
- Richard D. Huffman, Sr. (author), William S. Dato, Truc T. Do
Analysis
The trial court imposed a $154 criminal justice administration fee but subsequently vacated the unpaid portion pursuant to Assembly Bill 1869, failing only to amend the abstract of judgment. The Court of Appeal affirmed the judgment as modified and remanded with directions to amend the abstract to reflect the vacatur.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Vacatur of the unpaid portion of the $154 criminal justice administration fee“It is not disputed that the trial court has already complied with the statutory mandate. All that remains is the paperwork which the trial court has not completed pending the remittitur from this court.” | unclear | correct | agree with court agree with court |
Amendment of the abstract of judgment to reflect the vacatur“Because the parties agree to an amendment of the abstract of judgment to reflect vacatur of the fee which remained unpaid as of July 1, 2021, we will direct the trial court to do so.” | unclear | correct | agree with court agree with court |
The appellate opinion: sound — sound
How this analysis was made · dispute it
unusual dispositionThe trial court sentenced Connie Bradley to six years eight months in prison after her guilty plea and imposed, among other charges, a $154 criminal justice administration fee under Government Code section 29550 et seq.; the court later vacated the unpaid portion of that fee under Assembly Bill 1869 but did not amend the abstract of judgment. On appeal, with the Attorney General's agreement, the Court of Appeal remanded with directions to amend the abstract of judgment to reflect vacatur of the portion of the fee unpaid as of July 1, 2021, and otherwise affirmed the judgment as modified.
| Ruling reviewed | Standard | The court | The model |
|---|---|---|---|
Imposition of a $154 criminal justice administration fee (Gov. Code, § 29550 et seq.) and the abstract of judgment's failure to reflect vacatur of the unpaid portion of the fee under Assembly Bill 1869 (Gov. Code, § 6111)“Because the parties agree to an amendment of the abstract of judgment to reflect vacatur of the fee which remained unpaid as of July 1, 2021, we will direct the trial court to do so.” | unclear | error (other) | agree with court Assembly Bill 1869 added Government Code section 6111, which makes the unpaid balance of criminal justice administration fees unenforceable and uncollectible as of July 1, 2021 and requires that any portion of a judgment imposing such a fee be vacated. The trial court had already vacated the unpaid portion; the only remaining defect was that the abstract of judgment did not reflect this, and the parties agreed on the correction. Directing amendment of the abstract to reflect vacatur of the unpaid portion is consistent with the statute's text. Bradley's broader request to vacate the fee 'in its entirety' was not granted, which is correct because the statute reaches only the unpaid balance, though the court did not expressly explain why it rejected that request. |
The appellate opinion: sound with gaps — The opinion correctly applies Assembly Bill 1869's mandate that unpaid criminal justice administration fees be vacated as of July 1, 2021 and orders the ministerial correction of the abstract of judgment that the parties agreed was needed. It cites no case authority or the specific Government Code section (§ 6111) and does not explicitly address Bradley's argument that the fee should be vacated in its entirety rather than only its unpaid portion, but the result is defensible and matches the statute's scope.
Opinion
Filed 1/25/22 P. v. Bradley CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D078769
Plaintiff and Respondent, v. (Super. Ct. No. SCD287726)
CONNIE BRADLEY,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Robert J. Trentacosta, Judge. Affirmed as modified. Elisabeth R. Cannon, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Arlene A. Sevidal, Acting Senior Assistant Attorney General, Charles C. Ragland and Adrian R. Contreras, Deputy Attorneys General, for Plaintiff and Respondent. In this appeal from a judgment imposing a prison sentence, we are concerned about a $154 criminal justice administration fee. The superior court has already vacated the unpaid portion of the fee pursuant to recent legislation. Because the parties agree to an amendment of the abstract of judgment to reflect vacatur of the fee which remained unpaid as of July 1, 2021, we will direct the trial court to do so. With the agreement of the parties, we will remand the case to the trial court with directions to amend the abstract of judgment. We will otherwise affirm the judgment as modified. PROCEDURAL BACKGROUND In 2021, Connie Bradley pleaded guilty to burglary of an inhabited dwelling (Pen. Code,1 §§ 459 & 460, subd. (a)) and unlawfully driving a vehicle (Veh. Code, § 10851, subd. (a)). Bradley also admitted a prior strike (§ 667, subds. (b)-(i)). Bradley was sentenced to a determinate term of six years eight months in prison. The court imposed various fines, fees, and assessments, one of which was a $154 criminal justice administration fee (Gov. Code, § 29550, et seq.). Bradley appeals, contending the $154 fee is no longer authorized and thus it must be vacated. Recognizing the court has already vacated the unpaid portion of the fee in compliance with Assembly Bill No. 1869 (Assembly Bill 1869 (2019-2020 Reg. Sess.)), Bradley contends the minute order and the abstract of judgment must be amended to vacate the fee in its entirety. The Attorney General agrees the abstract of judgment must be amended to show the vacatur of the fee which is unpaid as of July 1, 2021. Because the parties agree to an amendment of the abstract of judgment to reflect vacatur of the fee which remained unpaid as of July 1, 2021, we will direct the trial court to do so. DISCUSSION Assembly Bill 1869 eliminates the criminal justice administration fee for future cases. For prior cases in which the entire fee has not been paid as 1 All further statutory references are to the Penal Code unless otherwise specified. 2 of July 1, 2021, the statute requires the trial court to vacate the unpaid portion of the fee. It is not disputed that the trial court has already complied with the statutory mandate. All that remains is the paperwork which the trial court has not completed pending the remittitur from this court. We will therefore remand the case to the Superior Court with directions to amend the abstract of judgment. DISPOSITION The case is remanded to the Superior Court with directions to amend the abstract of judgment to reflect the vacatur of the unpaid portion of the criminal justice administration fee as of July 1, 2021. The court shall forward the amended abstract to the California Department of Corrections and Rehabilitation. The judgment is affirmed as modified.
HUFFMAN, Acting P. J.
WE CONCUR:
DATO, J.
DO, J.