NEWPORT BEACH, Calif. — A judge on Monday declined to waive punitive fees after an accused individual pleaded guilty to multiple charges, despite a public defender’s request citing the accused’s financial hardship.
Judge Maria D. Hernandez maintained the fees enforced Monday after the accused pleaded guilty to six counts, including both felonies and misdemeanors. Deputy Public Defender Blake Ducker asked for a reduction in fees after describing the economic disadvantages the accused was experiencing.
The accused was in custody while present in court and pleaded guilty to a total of six counts stemming from separate incidents. Three of these charges were felonies for possession of controlled substances while armed and for carrying an unregistered firearm.
Under the statute for the probation violation classified under Penal Code section 29805(a)(1), this would convict individuals of a violent offense and be considered a violation of probation terms if a 10-year ban on firearms under a misdemeanor was breached.
Additionally, a felony was imposed for possession of a firearm with prior misdemeanor convictions, resulting in a probation violation. The three misdemeanors consisted of sanctions for carrying a concealed firearm and for possession of controlled substance paraphernalia.
Deputy District Attorney Ellis Therese and the judge reinforced requirements for narcotics and substance testing if the accused pleaded guilty and was placed on probation. The public defender requested a change of plea from not guilty to guilty, while also asking for the fees from the original charges to be dropped.
He explained that the accused needed a reduction in charges that included fees, given the accused had no source of income and therefore lacked the financial means to pay. Due to the original conviction, the accused was sentenced to three months in custody.
As a result, the public defender told the court that the accused had no means of supporting himself or accessing additional assistance outside of custody due to his current condition.
The judge upheld the punitive fees in reference to the accused’s prior history of convictions and accounted for their appropriateness given that they matched the severity of the charges. She imposed additional restitution fees as a way to compensate for the crime committed.
The accused will serve a 230-day sentence in county jail for Count One, which will be served concurrently with two misdemeanor charges. The court also imposed fines, keeping the $150 restitution fee and clarifying that any additional fees would be addressed through probation.
A two-year probation term was also imposed for Counts One through Six, and the court gave the accused a total of six months to pay back these charges. Before concluding the pretrial proceedings, a $300 charge was imposed based on the offenses committed.
It was withheld from the final sentence and will be charged if an additional violation is committed by the accused before the next proceeding.
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