People v. Kelley CA3

DISCUSSION

Defendant contends the trial court’s imposition of the DV fine was unauthorized because section 1203.097, authorizing the fine, applies only to probationary sentences. The People agree, as do we. Section 1203.097, subdivision (a) provides for mandatory conditions in any case where a defendant is “granted probation for a crime in which the victim is a person

Further undesignated statutory references are to the Penal Code.

2 defined in section 6211 of the Family Code.”2 “[T]he terms of probation shall include . . . [¶] . . . [¶] (5)(A) A minimum payment by the defendant of five hundred dollars ($500).” (§ 1203.097, subd. (a)(5)(A).) By its very language, this provision speaks only to grants of probation and the resulting conditions; it does not speak to sentences of imprisonment. An unauthorized fine may be challenged on appeal even if not objected to at sentencing. (People v. Crittle (2007) 154 Cal.App.4th 368, 371.) We shall strike the fine. (Id. at p. 372.)

DISPOSITION

The judgment is modified by striking the $500 DV fine. As modified, the judgment is affirmed. We direct the trial court to prepare an amended abstract of judgment and send a certified copy…