People v. Miles CA4/2

INTRODUCTION

Defendant and appellant Jerry Miles was resentenced pursuant to Penal Code1

section 1172.75. On appeal, he contends that: (1) the trial court improperly imposed a

$5000 fine under section 294; (2) the order to pay the costs of a presentence report must

be stricken from the amended abstract of judgment, since the court did not make that

order; (3) if the court did make that order, Assembly Bill No. 1869 now requires that it be

stricken from the judgment; and (4) his custody credits were improperly recalculated.

We agree that the order to pay for the presentence report must be stricken. Otherwise, we

affirm the judgment.

PROCEDURAL BACKGROUND

In 2010, a jury found defendant guilty of one count of rape of a child under

years of age (§ 269, subd. (a)(1)) and three counts of simple battery (§ 242). (People v.

Miles (June 18, 2012, E052647 [nonpub. opn.] (Miles).).2 The trial court found true that

defendant had served one prior prison term (§ 667.5, subd. (b)) and that he had nine prior

strike convictions (§§ 667, subds. (c) & (e)(2)(A) and 1170.12, subd. (c)(2)(A).) (Ibid.)

On December 17, 2010, the court sentenced defendant to a total term of 91…