Robinson

People v. Robinson

Good Law
104 Cal. App. 4th 902·128 Cal. Rptr. 2d 619·2002 Cal. App. LEXIS 5215·2022 Daily Journal DAR 14509·2002 Cal. Daily Op. Serv. 12376
Court of Appeal of CaliforniaDecember 23, 2002No. C040252California1,059 words

Opinion

lead Opinion

Sims, J.

Defendant James William Robinson entered a negotiated plea of guilty to robbery (Pen. Code, §211) 1 and admitted he personally used a firearm in commission of the offense (§ 12022.53, subd. (b)). The trial court sentenced him to state prison for an aggregate term of 13 years.

The sole issue on appeal arises from the trial court’s order that defendant reimburse the county for $358 in costs incurred in the preparation of the presentence probation report. (See § 1203.1b.) Defendant claims the order is unauthorized under section 1203.1b because the statute does not *904 apply to cases in which a defendant is sentenced to state prison. We disagree and shall affirm the judgment. 2

Discussion

Section 1203.1b provides, in pertinent part: “In any case in which a defendant is convicted of an offense and is the subject of any preplea or presentence investigation and report, whether or not probation supervision is ordered by the court, and in any case in which a defendant is granted probation or given a conditional sentence, the probation officer, or his or her authorized representative, taking into account any amount that the defendant is ordered to pay in fines, assessments, and…

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