People v. Valenzuela CA1/3

Filed 1/26/15 P. v. Valenzuela CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A139615

v. SHEBOURNE PHILLIP VALENZUELA, (Contra Costa County Super. Ct. No. 5-121775-1) Defendant and Appellant.

After a jury trial, defendant Shebourne Phillip Valenzuela was found guilty of felony sexual penetration of an unconscious person (Pen. Code, § 289, subd. (d) 1). The court sentenced defendant to a term of six years in state prison and directed him to pay certain costs, fines and fees. On his appeal defendant contends we must strike an imposed cost of $1,000 to be paid to the Lafayette Police Department on the grounds that the award was not authorized as restitution pursuant to section 1202.4 and the prosecution forfeited…