Orozco

A jury convicted Ulises Orozco of second degree murder (Pen. Code, § 187, subd. (a)) 1 and found true an allegation that he used a deadly and dangerous weapon in the commission of the murder (§ 12022, subd. (b)(1)). The court imposed a prison term of 15 years to life with a consecutive one-year term for the weapons use enhancement. On appeal, Orozco contends (1) defense counsel was ineffective when he elicited testimony from Orozco that he had witnessed stabbings in the past, and (2) the trial court’s order requiring him to pay a probation report fee pursuant to section 1203.1b was unauthorized. We affirm.

FACTS *

*191 DISCUSSION

I. Ineffective Assistance of Counsel *

II. Presentence Report Costs

After sentencing Orozco to prison, the trial court ordered him to pay a $296 probation report fee pursuant to section 1203.1b within 30 days of his release, on parole. Orozco contends the trial court erred in imposing tids fee in that section 1203.1b does not apply to him since he was sentenced to prison rather than granted probation. The Attorney General concedes this was error and agrees this order should be stricken.

We, however, reject both Orozco’s claim and the…