Filed 9/29/22 P. v. Solwa CA4/3

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

v.

SETH SOLWA

,

Defendant and Appellant. G0 60241

(Super. Ct. No. 18HF0657 )

O P I N I O N

Appeal from a judgment of the Superior Court of Orange County, Kimberly

Menninger , Judge. Affirmed as modified.

Jason S z ydlik, under appointment by the Court of Appeal, for Defendant

and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney

General, Charles C. Ragland, Eric A. Swenson and Daniel Rogers, Deputy Attorneys

General, for Plaintiff and Respondent

.2 Seth Solwa appeals from a judgment entered after a jury found him guilty

of domestic battery

. The parties agree the trial court’s imposition of certain fees in

connection with its grant of probation should be vacated based upon recent legislation

.

We agree and reverse and remand with directions regarding th e fees . We affirm the

judgment in all other respects

.

FACTS

In 2017, Solwa was involved in an altercation with his then girlfriend,

whose body struck a bench result ing in a fractured rib. In 201 8

, he was charged in a

criminal complaint with domestic battery resulting in corporal injury ( Pen. Code, § 273.5,

subd. ( a) ) and , as a sentencing enhancement, inflicting great bodily injury in the

commission of the battery ( Pen. Code, § 12022.7, subd. ( e ))

. After the trial court issued a

warrant for Solwa’s arrest, he appeared in court and pleaded not guilty.

In 2020, Assembly Bill No. 1869 (2019

- 2020 Reg. Sess.) (Stats. 2020,

ch. 92) (AB 1869) was enacted

. Relevant to Solwa’s contentions in this appeal

, the bill

restructured rules for fees that could be imposed on convicted defendant s to reimburse

costs for “ booking or otherwise processing” the defendant s , pursuant to former

Government Code section 29550 , subdivision (c)

. (Stats. 202 0 , ch. 92 , §§ 22

- 25 .)

Relevant here, the bill also established that after June 2021 , any portion of a judgment

containing an u npaid balance for a previously imposed booking fee should be vacated.

( Gov. Code, § 6111, subd. (a) .)

I n February 2021, t he jury found Solwa not guilty of the charged felony but

convicted him of a lesser included misdemeanor of domestic battery

. ( Pen. Code, § 2 43

, subd. ( e ) (1) .) At an April 2021 sentencing hearing , t he trial court placed Solwa on

informal probation for three years . As conditions of his probation , the court ordered

Solwa to serve 180 days in county jail and pay restitution in an amount to be determined.3 At the same sentencing hearing, t he trial court also ordered Solwa to pay,

a mong other fees

, the following : a booking fee pursuant to former Government Code

section 29550, subdivision (c) , to be specified after receiving information from the

criminal justice facility that initially processed Solwa; a $35 installment fee pursuant to

former Penal Code section 1205, subdivision (e)

, and former Vehicle Code section

40510.5 ; and a n administrative fee for restit ution pursuant to former Penal Code section

1203.1, subdivision ( l ) , unspecified in amount according to the record presented

.

In September 2021, Assembly Bill No. 177 (2021

- 2022 Reg. Sess. )

(AB 177) was enacted. Relevant to this appeal

, the bill established an eventual

eliminat ion of trial court authority to impose administrative fee s pursuant to former Penal

Code section 1203.1 (Stats. 202 1 , ch. 257, §§ 21, 22 [restitution administrative fee s] )

, as

well as i nstallment fees pursuant to former Pena l Code section 1205 ( id. , §§ 31, 32

[installment fees] )

, and former Vehicle Code section 40510.5 , subd ivision (g) ( id. , §§ 43,

44 [installment fees])

. AB 177 also rendered any unpaid balance of the fees

unenforceable and uncollectible after 2021, and requ ires any remaining portion of a

judgment imposing the fees to be vacated. (Pen. Code, § 1465.9, subd. (b) ; Veh

. Code

, § 42240 .)

DISCUSSION

In their briefing, the parties agree the three noted fees should be vacated

b ased on the effects of AB 1869 and AB 177. We agree. According to the plain

language of Government Code section 6111 and Penal Code section 1465.9

,

subdivision (b) , unpaid balances remaining for the fees are no longer enforceable or

collectible , and the portions of the judgment against Solwa including the fees must be

vacated.4 DISPOSITION

Solwa’ s sentence is vacated to the extent it includes a balance unpaid as of

July 1, 2021

, for the booking fee imposed pursuant to former Government Code section

29550, subdivision (c)

. Solwa’ s sentence is also vacated to the extent it includes any

balance s unpaid as of January 1, 202 2

, for fees imposed pursuant to former Penal Code

section s 1203. 1 and 1205

, a s well as former Vehicle Code section 40510.5

. The trial

court clerk is directed to address the probation department’s records accordingly. In all

other respects, the judgment is affirmed.

O’LEARY, P. J.

WE CONCUR:

MOORE, J.

SANCHEZ, J.