Klockman

People v. Klockman

Bad Law
1997 Cal. App. LEXIS 965·59 Cal. App. 4th 621·69 Cal. Rptr. 2d 271·97 Daily Journal DAR 14383·97 Cal. Daily Op. Serv. 8915
Court of Appeal of CaliforniaNovember 25, 1997C024461California2,164 words

Opinion

Opinion

Raye, J.

Defendant pleaded guilty to two counts of having committed a lewd act upon a child under the age of fourteen. (Pen. Code, § 288, subd. (a); further references to sections of an undesignated code are to the Penal Code.) The Placer County Superior Court imposed six-year terms on each count with the terms to run concurrently. The court also imposed a consecutive eight-month term (one-third the midterm) for an unlawful sexual intercourse with a minor conviction (§ 261.5) for which defendant was on probation in El Dorado County. The court ordered defendant to pay $500 in attorney fees.

On appeal, defendant contends: (1) the Placer County court had no jurisdiction to revoke probation and impose a sentence on a charge pending in El Dorado County; and (2) the order to pay attorney fees was unauthorized because there was no notice, hearing, nor a determination of actual costs or of an ability to pay the fees.

Facts

Because of the nature of the issues raised by defendant, an account of the facts underlying his convictions is unnecessary. The pertinent facts derive from the procedural history of this case.

Following a guilty plea to one count of unlawful sexual intercourse with…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.