Filed 5/17/ 22 P. v. Montes CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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 or dered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent,

v.

ALEXANDER MONTES,

Defendant and Appellant. H047567 (Santa Clara County Super. Ct. No. B1897157)

MEMORANDUM OPINION 1

In November 2018, Appellant Alexander Montes pleaded guilty to leaving the

scene of an accident (Veh. Code, § 20001, subd. (b)(2)) and admitted that he had a prior

strike convic tion (Pen. Code, §§ 667, subds. (b)

- (i), 1170.12). The trial court sentenced

him to term of six years in prison and imposed various fines and fees, including a

$129.75 criminal justice administration fee under Government Code section 29550.1

. On appeal , Montes argues, and the Attorney General conced e s, that the portion of

his $129.75 criminal justice administration fee that remains unpaid as of July 1, 2021

should be vacate d due to recent legislative changes effectuated by Assembly Bill

1 We resolve this case by memorandum opinion pursuant to California Standards of Judicial Administration, Title 8, Standard 8.1. (See also People v. Garcia (2007) 97 Cal.App.4th 847, 853

- 855.)No. 1869 that re ndered the fee uncollectible and unenforceable. 2 “Assembly Bill 1869

abrogated the authority to impose and collect 23 different administrative fees, including,

as relevant here, . . . the criminal justice administration fee.” ( People v. Greeley (2021)

70 Cal.App.5th 609, 625.) “Relevant to the criminal justice administration fee,

Government Code section 6111 provides, ‘On or after July 1, 2021, the unpaid balance of

any court

- imposed costs pursuant to [Government Code] [s]ection 27712, subdivis ion (c)

or (f) of [Government Code] [s]ection 29550 and [Government Code] [s]ections 29550.1,

29550.2, and 29550.3, as those sections read on June 30, 2021, is unenforceable and

uncollectible and any portion of a judgment imposing those costs shall be vaca ted.’ ” ( Id.

at pp. 625

- 626.) As Montes’s criminal justice administration fee was imposed under

Government Code section 29550.1, he is entitled to have the unpaid balance of his fee

vacated u nder Government Code section 6111. We will modify the judgment to vacate

the unpaid portion of the fee as is now required under the law

.

DISPOSITION

Pursuant to Government Code section 6111, the portion of the criminal justice

administration fee imposed under Government Code section 29550.1 that remained

unpai d as of July 1, 2021 is vacated. As modified, the judgment is affirmed. The clerk of

the superior court is directed to prepare and transmit to the Department of Corrections

and Rehabilitation a certified copy of an amended abstract of judgment reflecting the

modification

2 After he was sentenced and while this appeal was pending, Mont es requested the

same relief from the trial court

— vacatur of the unpaid portion of his criminal justice

administration fee

. The trial court denied his request. We grant Montes’s request for judicial notice of the trial court’s order denying his request

._____________________________________ LIE, J.

WE CONCUR:

_________________________________ GREENWOOD, P.J.

_________________________________ GROVER, J.

People v. Montes

H047567