People v. Mathews CA2/2

BACKGROUND

On September 1, 2022, appellant pleaded no contest to second degree robbery (Pen. Code, § 211)1 and injuring a girlfriend (§ 273.5, subd. (a)) and admitted a prior strike conviction (§ 1170.12). On April 22, 2024, the trial court sentenced appellant to eight years in state prison and denied probation. The court imposed various fines and fees, all of which it stayed, except for a domestic violence fee of $500 under section 1203.097, subdivision (a)(5).

DISCUSSION

Appellant is correct that the trial court erred in imposing a $500 domestic violence fee because that fee is only authorized when a defendant is “granted probation.” (§ 1203.097, subd. (a) & (a)(5)(A).)2 Respondent agrees.

DISPOSITION

The $500 domestic violence fee is stricken. The judgment is affirmed in all other respects. The trial court is directed to prepare an amended abstract of judgment and to forward a

1 Undesignated statutory references are to the Penal Code.

2 Section 1203.097 provides in relevant part: “(a) If a person is granted probation for a crime in which the victim is a person defined in Section 6211 of the Family Code, the terms of probation shall include all of the following” [¶]…