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PEOPLE v. MASON

No. H036598.

206 Cal.App.4th 1026 (2012)

142 Cal. Rptr. 3d 399

THE PEOPLE, Plaintiff and Respondent, v. JEFFREY ALLEN MASON, Defendant and Appellant.

Court of Appeals of California, Sixth District.

June 5, 2012.

Attorney(s) appearing for the Case

Syda Kosofsky , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Gerald A. Engler , Assistant Attorney General, Eric D. Share and Christina Vom Saal , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

RUSHING, P. J. —

Defendant Jeffrey Allen Mason was convicted of residential burglary and sentenced to life in prison. On appeal he challenges a $129.75 "[c]riminal justice fee" the court ordered him to pay to the City of Sunnyvale pursuant to Government Code section 29550.1 (all further statutory references are to the Government Code). He contends that the fee cannot withstand appellate scrutiny because (1) an ability-to-pay requirement...

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