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People v. Torres

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR
Jan 23, 2012
B232888 (Cal. Ct. App. Jan. 23, 2012)

Opinion

B232888

01-23-2012

THE PEOPLE, Plaintiff and Respondent, v. ROBERT LEE TORRES, Defendant and Appellant.

Richard L. Fitzer, by appointment of the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Assistant Attorney General, Jaime L. Fuster and Baine P. Kerr, Deputy Attorneys General, for Plaintiff and Respondent.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Los Angeles County Super. Ct. No. LA066912)

APPEAL from a judgment of the Superior Court of Los Angeles County, Joseph A. Brandolino, Judge. Affirmed as modified, with directions.

Richard L. Fitzer, by appointment of the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Assistant Attorney General, Jaime L. Fuster and Baine P. Kerr, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION

Appellant Robert Lee Torres appeals from a judgment of conviction for possession of a controlled substance. He contends the trial court erred in imposing a $268 fee pursuant to Penal Code section 987.8. The People concede the error. Accordingly, we will modify the judgment to remove the fee.

All further section citations are to the Penal Code, unless otherwise stated.

FACTUAL AND PROCEDURAL HISTORY

Appellant pled no contest to one count of possession of a controlled substance (§ 11350, subd. (a)), and admitted a prior felony conviction that counted as a "strike." (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) He was sentenced to 32 months in prison and ordered to pay numerous fees, including a $268 fee to reimburse legal assistance. He appealed.

DISCUSSION

Appellant contends the trial court erred in imposing a fee under section 987.8 because the court did not make an express finding that he was able to pay the fee. Section 987.8 provides that a trial court may order a defendant to reimburse the costs of his or her legal defense if the court expressly finds "unusual circumstances." (§ 987.8, subds. (b) & (g); People v. Lopez (2005) 129 Cal.App.4th 1508, 1537.) The People admit there was no such finding in this case, and concede the record cannot support a finding of "unusual circumstances." The People request this court strike the fee. Accordingly, we will remand with instructions to strike the $268 fee.

DISPOSITION

The order directing defendant to pay $268 in attorney fees is stricken. As modified, the judgment is affirmed. The clerk of the superior court is directed to prepare and forward a corrected abstract of judgment to the Department of Corrections and Rehabilitation.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

MANELLA, J. We concur: WILLHITE, Acting P. J. SUZUKAWA, J.


Summaries of

People v. Torres

COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR
Jan 23, 2012
B232888 (Cal. Ct. App. Jan. 23, 2012)
Case details for

People v. Torres

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ROBERT LEE TORRES, Defendant and…

Court:COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR

Date published: Jan 23, 2012

Citations

B232888 (Cal. Ct. App. Jan. 23, 2012)