People v. Alvarado CA4/2

INTRODUCTION

A jury convicted defendant and appellant Antonio Morales Alvarado of assault

with a knife under Penal Code1 section 245, subdivision (a)(1) (count 1); domestic

criminal threats under section 422 (count 2); and spousal battery under section 243,

subdivision (e)(1) (count 4).

The trial court granted defendant formal probation for 36 months, and ordered him

to spend 365 days in jail. However, because the trial court found that defendant had 638

days’ credit, he was immediately released from custody.

On appeal, defendant contends that the trial court erred in imposing (1) collateral

fines and fees as terms and conditions of his probation; and (2) probation costs because

there was insufficient evidence that he had an ability to pay those costs. For the reasons

set forth below, we shall affirm the judgment.

II

STATEMENT OF FACTS

On February 21, 2012, defendant celebrated his birthday with his wife, Loretta

Alvarado (the victim), and their grandson, Adrian. Adrian was 10 years old at the time.

Defendant and the victim both drank an entire bottle of tequila after he came home from

All statutory references are to the Penal Code unless otherwise…