[The Non-Euclidean Blog] For Wasting Our Time

[NEB]

Sometimes it's better to keep your mouth shut. After Carl Brooks was convicted of three misdemeanors--vandalism, battery of a peace officer, and resisting or obstructing a peace officer--the trial court imposed a mandatory $30 "criminal conviction" fee on poor Carl, in addition to a fine and time in the pokey. Carl appealed the fee because the law that imposed it went into effect on January 1, 2009. He committed his crimes in 2008; hence, Carl argues, it's an ex post facto punishment.

The appeals court of Yolo County determined that since the criminal conviction fee is a "fee," not a "penalty," ex post facto reasoning doesn't apply. The appeals court also found that the trial court had only imposed a single $30 fee, but the law requires a $30 fee for each misdemeanor. Now Carl owes $90.

Oops.

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Posted By NEB to The Non-Euclidean Blog at 7/28/2009 01:05:00 PM