People v. Pinnick CA3

DISCUSSION

I. The Domestic Violence Program Fee and the Battered Women’s Shelter Fee

At the time of defendant’s domestic violence offense in April 2010, section 1203.097, subdivision (a) stated that “[i]f a person is granted probation,” the terms of probation (1) “shall include” “[a domestic violence program] minimum payment by the defendant of” $400, and (2) “may include” “[t]hat the defendant make payments to a battered women’s shelter, up to a maximum of” $5,000 (§ 1203.097, subd. (a)(5) & (11)(A), respectively).

Pursuant to this statute, the trial court, in granting defendant probation in October 2010, imposed a $400 domestic violence program fee and a $300 battered women’s shelter fee. When the trial court revoked and terminated defendant’s probation in March 2014 and sentenced defendant to a state prison term, the court ordered defendant to pay these two previously imposed fees.

2 Defendant contends the trial court improperly imposed the $400 domestic violence program fee and the $300 battered women’s shelter fee when it sentenced him to prison because these two fees do not survive the termination of probation. We disagree.

By its plain language, section 1203.097…