People v. Buchan CA4/1

Filed 10/24/24 P. v. Buchan CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D082449

Plaintiff and Respondent,

v. (Super. Ct. No. SCN434613)

CHRISTOPHER WILLIAM BUCHAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, William Y. Wood, Judge. Affirmed as modified. Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Collette C. Cavalier and Maxine Hart, Deputy Attorneys General, for Plaintiff and Respondent.

Christopher William Buchan appeals the fines and fees imposed after a

jury found him guilty of disobeying a court order (Pen. Code,1 § 273.6, subd. (a)) and found true that the victim was a person defined in section 6211 of the Family Code (Pen. Code, § 1203.097, subd. (a)). We conclude that the discretionary fines and fees must be stricken from the sentencing minute order because the trial court did not impose them orally at sentencing and neither party objected. Accordingly, we modify the judgment to reflect only the mandatory fee and assessment required by statute. As modified, we affirm. FACTUAL AND PROCEDURAL BACKGROUND In 2022, Buchan was charged with corporal injury to a spouse (count 1 - Pen. Code, § 273.5, subd. (a)), assault by means likely to produce great bodily injury (count 2 - Pen. Code, § 245, subd. (a)(4)), and disobeying a court order (count 3 - Pen. Code, § 273.6, subd. (a)). As to counts 1 and 2, it was further alleged that Buchan personally inflicted great bodily injury upon the victim under circumstances involving domestic violence (Pen. Code, § 12022.7, subd. (e)). As to all counts, it was further alleged that the victim was a person defined in section 6211 of the Family Code (Pen. Code, § 1203.097, subd. (a)). A jury found Buchan not guilty of counts 1 and 2 and guilty of count 3. The jury also found true the allegation in count 3. The trial court granted probation for a term of three years with the requirement that Buchan complete a 52-week domestic violence program. The court did not orally pronounce any fines or fees at the sentencing hearing, and the People did not object to or otherwise call the court’s attention to its failure to orally impose any fines or fees. The sentencing minute order, however, included the following: a fine of $745, a $500 domestic