Opinion
A111737
12-14-2006
THE PEOPLE, Plaintiff and Respondent, v. EULIE WIGFALL, Defendant and Appellant.
THE COURT:
It is ordered that the opinion filed herein on November 21, 2006, be modified in the following particulars:
1. In the first paragraph on page 1, the fourth sentence beginning "We modify the abstract of judgment" is modified by deleting the words "abstract of." The sentence will now read:
We modify the judgment to specify that probation costs and booking fees were not imposed upon defendant under section 1203.1b, but otherwise affirm the judgment.
2. On page 15, the last sentence of the first full paragraph beginning "The abstract" is modified by deleting the words "abstract of judgment does" and by modifying the word "repeats." The sentence will now read:
The "commitment" and "probation" orders do not mention any order to pay probation or booking fees, and repeat the trial courts finding that defendant has no ability to pay fines and fees.
3. In the second paragraph on page 15, the sentence beginning "The abstract of judgment," is modified by replacing the words "abstract of judgment" with "other dispositional orders." The sentence will now read:
The other dispositional orders not only failed to mention payment of booking or probation costs, but indicated that defendant had "no ability to pay fines and fees," as found by the trial court.
4. The first full paragraph on page 16, beginning "Accordingly, to clarify the judgment" is deleted. The paragraph will now read:
Accordingly, to clarify the judgment we order the "probation order" modified to reflect that no fees and costs were imposed upon defendant under section 1203.1b, and order reimbursement to defendant of any such fees and costs collected from him. The clerk of the superior court, after so modifying the judgment, is then to forward a copy of the amended probation order to the probation department. As so modified, the judgment is affirmed.
There is no change in the judgment.
The petition for rehearing is denied.