P.
P. v. Brown CA5
Opinion
Opinion
FACTS AND PROCEDURAL HISTORY
On August 10, 2011, defendant and appellant Jonathan David Brown knocked his 82-year-old grandmother to the floor, breaking her hip. A jury found defendant guilty of one count of violation of section 368, subdivision (b)(1), elder abuse likely to cause great bodily harm. In a separate trial to the court sitting without a jury, the court found true four prior prison term enhancement allegations. (§ 667.5, subd. (b).) After reviewing the presentence report, the court sentenced defendant to the upper term of four years in prison, together with an additional four years on the prior prison term allegations. In addition, the court imposed various fines and penalties including, as relevant to this appeal, a base fine of $200 pursuant to section 368, subdivision (b)(1), with associated penalties and assessments under the Penal, Government, and Health and Safety Codes of $630. The section 368, subdivision (b)(1), fine was specified in the probation officer‟s report. Defendant did not object to the fine at the sentencing hearing.
DISCUSSION
Defendant‟s sole contention on appeal is that a fine under section 368, subdivision (b)(1), is not authorized when a…