People v. Brooks CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The facts underlying defendant’s convictions are irrelevant to our decision on appeal and are therefore not recounted in detail. Suffice it to say defendant burglarized his ex-girlfriend’s motel room and assaulted police officers who attempted to apprehend him. He pleaded no contest to one count of first degree burglary (Penal Code, § 459 – statutory section citations that follow are to the Penal Code) and three counts of felony resisting a peace officer (§ 69). He also admitted he had sustained a prior strike conviction (§ 667, subd. (d)). At the sentencing hearing, defendant’s trial counsel requested “a reduced restitution fine given [defendant’s] indigent status.” The trial court then sentenced defendant to a total term of 12 years in state prison. It also imposed a $300 restitution fine (§ 1202.4, subd. (b)), imposed and suspended a $300 parole revocation restitution fine (§ 1202.45), imposed a $40 additional burglary fine (§ 1202.5), a $40 court operations assessment (§ 1465.8), and a $30 criminal convictions assessment (Gov. Code, § 70373). Defendant’s trial counsel did not object to the fees and fines imposed. Defendant timely appealed.…