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People v. Cortez, G042891

By FindLaw Staff on November 11, 2010 9:56 AM

Imposition of "court facilities" fee on each conviction for committing lewd acts upon a child

People v. Cortez, G042891, concerned a challenge to the trial court's imposition of a $30 "court facilities" fee on each of defendant's convictions in six counts of committing lewd acts upon a child. 

In affirming, the court held that, because the scope of section 70373 can be logically construed in only one way - as applying to all criminal convictions, including traffic offenses under the Vehicle Code - the trial court did not err in concluding it applied to defendant's convictions for sex offenses.  Further, because section 70373 is not a punitive statute, either in intent or operation, the imposition of the court facilities fee mandated therein could not constitute a violation of ex post facto principles in this case.

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