Opinion
NOT TO BE PUBLISHED
Super. Ct. No. CRF10332
ROBIE, J.
After his live-in girlfriend reported to police that defendant John Wayne Buckley punched her in the arm and bit her nose, defendant pled no contest to inflicting corporal injury on a cohabitant resulting in a traumatic condition.
Defendant was sentenced to state prison for the upper term of five years and ordered (among other things) to pay a domestic violence fee of $400 pursuant to Penal Code section 1203.097.
Further undesignated statutory references are to the Penal Code.
On appeal, defendant contends, and the People correctly concede, that the trial court should not have imposed a fine pursuant to section 1203.097, subdivision (a), which applies to a defendant “granted probation for a crime in which the victim is a person defined in Section 6211 of the Family Code” (i.e., a victim of domestic violence).
Section 1203.097 does not apply because defendant was not granted probation. We shall modify the judgment accordingly.
DISPOSITION
The judgment is modified to strike the fine imposed pursuant to section 1203.097, subdivision (a). As modified, the judgment is affirmed. The trial court shall prepare an amended abstract of judgment and forward a certified copy thereof to the California Department of Corrections and Rehabilitation.
We concur: HULL, Acting P. J., MAURO, J.