People v. Hernandez CA4/2

FACTS AND PROCEDURE

On July 5, 2013, defendant and his girlfriend of seven years got into an argument

and physical fight in a parked car when she told him she wanted to end their relationship.

After the two exited the car, defendant took a car jack or tire iron from the trunk of the

car and began to swing it around. The woman put up her arms in a defensive move.

Defendant struck the woman on the right arm, with the weapon causing a two-inch

laceration.

On July 8, 2013, the People filed a felony complaint alleging defendant committed

corporal injury on a spouse or cohabitant and assault with a deadly weapon (§ 245, subd.

(a)(1)).

On August 13, 2013, defendant pled guilty to the corporal injury charge.

On September 11, 2013, the trial court granted probation on condition defendant

serve 365 days in jail. Defendant was also ordered to pay a number of fines, assessments

and fees, including a $250 appointed counsel fee.

This appeal followed.

1 All section references are to the Penal Code unless otherwise indicated.

2

DISCUSSION

Defendant’s sole argument on appeal is that the trial court erred when it ordered

him to pay the $250 appointed counsel fee without holding…