Opinion

People v. Castellanos

  • 175 Cal. App. 4th 1524
  • 98 Cal. Rptr. 3d 1
  • 2009 Cal. App. LEXIS 1256
Court
California Court of Appeal
Filed
Jul 29, 2009
Status
Published
Author
Kriegler
On the bench
Turner, Kriegler
Cited by
68 cases

The opinion

KRIEGLER, J., Concurring.

This court filed its original opinion in this appeal on May 18, 2009, holding that a $10 fine generated six additional penalties under the Penal and Government Codes. I concurred in the judgment, but noted the increasingly complex system of fines, fees, and penalties have a negative impact on the criminal justice system.

It turns out we erred in our original holding that the $10 fine resulted in six additional penalties. As pointed out by the amicus curiae Administrative Office of the Courts, we missed one—defendant was subject to a seventh penalty, which we failed to apply.

I again concur in the judgment of this court and repeat my earlier observations. However laudable these charges may be, the patchwork nature of the ever-growing financial penalties in criminal actions has created a system that begins to match the complexity of the federal income tax. The analysis in this court’s opinion today demonstrates the point. It is doubtful that criminal trial lawyers and trial court judges have the ability to keep track of the myriad of charges that now attach to criminal convictions. This case is a good example of the situation—one $10 fine generates seven additional penalties, each of which is separately stated in the Penal or Government Codes.

From the institutional viewpoint of the criminal justice system, the current approach is problematic. The penalties in a criminal action, including any financial penalties, should be easily identifiable. Prosecutors should be able to clearly determine the financial consequences of a case when assessing *1534 punishment and negotiating case settlements. Defense counsel should be able to clearly and concisely explain the possible financial charges to the client to ensure that when a guilty or no contest plea is entered, the defendant does so with full knowledge of its economic consequences. And trial courts should not have to search the Penal, Government, or Health and Safety Codes in an attempt to identify mandatory fines, fees, or penalties, some of which may have no logical connection to a pending case.

This is not a trifling matter. This court deals with issues surrounding the imposition of financial charges on a regular basis. Undoubtedly, the trial courts expend precious resources in attempting to properly impose the mandated penalties. The expansive criminal justice system in California generates large amounts of revenue for the state and local governments. It ought to do so in a more straightforward manner.

There is one final note to add. As the Legislature grapples with the budget deficit, there is talk of new and additional fines, fees, and assessments in criminal cases. The system, as it exists, is likely to only become more complicated in the immediate future.

Appellant’s petition for review by the Supreme Court was denied July 8, 2009, S172602.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.