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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 

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or ordered 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 OPINION1

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 conviction (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 concedes, that the portion of 

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

should be vacated 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 rendered 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, subdivision (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 vacated.’ ” (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 under 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 

unpaid 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, Montes 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