People v. Valencia
People v. Valencia
Opinion of the Court
I. INTRODUCTION
Defendant, Juvenal Valencia, appeals from his convictions for first degree murder (Pen. Code,
II., IH.A.-E.3.
4. Deoxyribonucleic acid “state-only” penalty
When orally imposing sentence, the trial court stated, “[Defendant is ordered to pay a . . . security charge pursuant to 1465.8(a)(1), in the amount
The voters and Legislature have directed the imposition of two deoxyribonucleic acid penalties. First, Government Code section 76104.6, subdivision (a), which was initially adopted as Proposition 69 in the November 2, 2004 General Election, provided for the imposition of a $10 penalty for the purpose of implementing the DNA Fingerprint, Unsolved Crime and Innocence Protection Act to be levied on every fine, penalty, or forfeiture imposed in felony and other cases. In 2007, the Legislature amended Government Code section 76104.6, subdivision (a)(1) to state as it does now: “Except as otherwise provided in this section, for the purpose of implementing the DNA Fingerprint, Unsolved Crime and Innocence Protection Act, there shall be levied an additional penalty of one dollar for every ten dollars ($10), or part of ten dollars ($10), in each county upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses . . . .” (Stats. 2007, ch. 302, § 7.) Second, in 2006, the Legislature added Government Code section 76104.7 to provide for an additional deoxyribonucleic acid state-only penalty. (Stats. 2006, ch. 69, § 18.) Amended in 2007, Government Code section 76104.7, subdivision (a) now states, “Except as otherwise provided in this section, in addition to the penalty levied pursuant to Section 76104.6, there shall be levied an additional state-only penalty of one dollar ($1) for every ten dollars ($10), or part of ten dollars ($10), in each county upon every fine, penalty, or forfeiture imposed and collected by the courts for all criminal offenses . . . .” (Stats. 2007, ch. 302, § 8.)
The trial court orally imposed a Government Code section 76104.7, subdivision (a) deoxyribonucleic acid state-only penalty. But, as noted, the Government Code section 76104.7, subdivision (a) deoxyribonucleic acid state-only penalty is imposed in addition to the similar penalty imposed pursuant to Government Code section 76104.6, subdivision (a). And no Government Code section 76104.6, subdivision (a)(1) deoxyribonucleic acid penalty was orally imposed.
IV. DISPOSITION
The judgment is reversed only insofar as it imposes a 15-year minimum parole eligibility date pursuant to Penal Code section 186.22, subdivision (b)(5) as to counts 2 through 6; levies the $20 Government Code section 76104.7, subdivision (a) state-only penalty; awards 500 days of presentence credit; and imposes only a single section 1465.8, subdivision (a)(1) court security fee. The judgment is to be modified to reflect that defendant is subject to a seven-year minimum parole eligibility date pursuant to Penal Code section 3046, subdivision (a)(1) as to counts 2 through 6; and an additional six $20 section 1465.8, subdivision (a)(1) court security fees for a total of seven fees. Defendant is to receive 501 days of presentence credit for time actually served and no conduct credits. Upon
Kriegler, J., concurred.
All further statutory references are to the Penal Code unless otherwise indicated.
See footnote, ante, page 1392.
Concurring Opinion
Appellant’s petition for review by the Supreme Court was denied December 23, 2008, S167733. Werdegar, J., did not participate therein.
See footnote, ante, page 1392.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.