Aguilar

The People v. Aguilar

Good Law
Court of Appeal of CaliforniaSeptember 20, 2013A135516California1,518 words

Opinion

Opinion

I. FACTUAL AND PROCEDURAL BACKGROUND

Appellant was charged with inflicting corporal injury (Pen. Code, § 273.5, subd. (a))1 on Erika T., a woman who had lived with appellant for 14 years and was the mother of his child. The information further alleged a prior conviction for battery (§ 243) within seven years of the charged offense. (§ 273.5, subd. (e).) A jury found appellant guilty of inflicting corporal injury on Erika T. Separately, the trial court found true the prior battery conviction allegation. The court, after declining to reduce the conviction to a misdemeanor, placed petitioner on probation on the condition that he serve 300 days in county jail. The court imposed, inter alia, the

1 All further statutory references are to the Penal Code unless otherwise noted.

1 following fees: (1) Attorney fees of $500 (§ 987.8, subd. (b)); (2) a probation supervision fee not to exceed $75 per month (§ 1203.1b, subd. (a)); and, (3) a “Criminal Assessment fee” of $564. There appears to be no dispute the last item was the “criminal justice administration” fee found in the Government Code. (See Gov. Code, §§ 29550-29550.3.) The trial court noted that appellant might not be required to…

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