People v. Lee CA2/6

Filed 2/18/25 P. v. Lee CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B334573 (Super. Ct. No. 1027776) Plaintiff and Respondent, (Santa Barbara County)

v.

STEVEN LEE,

Defendant and Appellant.

Steven Lee appeals from the trial court’s judgment after he was convicted of multiple offenses. He contends there are clerical errors in the abstract of judgment, and that the court violated his constitutional rights when it failed to determine his ability to pay before imposing restitution and parole revocation fines. We will order the abstract corrected but otherwise affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND1 In 2001, a jury convicted appellant of nine counts including attempted murder of a police officer (count 1) (Pen. Code, §§ 664/187, subd. (a)2), assault on a police officer with a semiautomatic firearm (count 2) (§ 245, subd. (d)(2)), and exhibiting a firearm with intent to resist arrest (count 3) (§ 417.8). On counts 1 and 2, firearm enhancement allegations were found true under section 12022.5, subdivision (a)(1), and section 12022.53, subdivisions (b) and (c). Firearm enhancement allegations were also found true under section 12022.5, subdivision (a)(1), and section 12022.53, subdivision (b), on counts 5-8. On count 9, an enhancement allegation was found true under section 12022.5, subdivision (a)(1). The court found true multiple prior offense allegations and sentenced appellant to a total of 133 years to life. The sentence included three prior prison term enhancements under section 667.5, subdivision (b). Appellant was also ordered to pay various fines and fees, including the maximum $10,000 restitution fine under section 1202.4, subdivision (b)(1), and a $10,000 parole revocation fee under section 1202.45. The latter was stayed. We affirmed the judgment on direct appeal in People v. Lee (June 30, 2003, B154641) [nonpub opn.]. After the sentencing law was changed to abolish prior prison term enhancements imposed under former section 667.5, subdivision (b), the court held a resentencing hearing under section 1172.75 in December 2023. The court struck the