BILL ANALYSIS Ó
AB 249
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Date of Hearing: April 15, 2015
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Jimmy Gomez, Chair
AB
249 (Obernolte) - As AmendedApril 13, 2015
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Urgency: No State Mandated Local Program: NoReimbursable: No
SUMMARY:
This bill requires a defendant to make a motion in the trial
court before filing an appellate brief alleging only errors in
the imposition or calculation of fines, fees, and assessments.
Specifically, this bill:
AB 249
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1)Prohibits an appeal by a defendant on the ground of an error
either in the imposition or calculation of fines and fees,
unless the defendant first presents the claim in the trial
court at the time of sentencing, or if the error is not
discovered until after sentencing, the defendant first makes a
motion for correction in the trial court.
2)Provides a motion to correct calculation errors may be made
via an informal written letter to the trial court.
FISCAL EFFECT:
Minor costs to the Trial Courts to review requests for
recalculations of fines, fees, and assessments, likely more than
offset by savings to the Appellate Courts and Trial Courts by
eliminating appeals based on calculation errors.
COMMENTS:
1)Background. Current law provides that a defendant cannot
appeal from a judgment of conviction on the ground of an error
in the calculation of presentence custody credits, unless the
defendant first presents the claim in the trial court at the
time of sentencing, or if the error is not discovered until
after sentencing, the defendant first makes a motion for
correction of the record in the trial court.
2)Purpose. This bill would provide the same appeal exception to
final judgment conviction appeals based on errors on fines,
fees and assessment calculations. According to the Judicial
Council, the sponsor of this bill, "AB 249 will reduce the
burdens associated with formal appeals and resentencing
proceedings stemming from a common sentencing error. By
requiring that this sentencing error first be raised in the
AB 249
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trial court, which has ready access to the court records and
other information necessary to review and resolve such issues,
this proposal would promote judicial economies and
efficiencies by avoiding the costs and burdens associated with
a formal appeal."
1) Analysis Prepared by:Pedro R. Reyes / APPR. / (916)
319-2081