People v. Parker CA2/3

Filed 3/17/25 P. v. Parker CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B335705

Plaintiff and Respondent, Los Angeles County Super. Ct. No. NA091850 v.

CHARLES JOSEPH PARKER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Tomson T. Ong, Judge. Affirmed as modified and remanded with instructions.

Jeffrey S. Kross, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

The trial court resentenced defendant Charles Joseph Parker after it received a letter from the California Department of Corrections and Rehabilitation. On appeal, Parker contends the court erred in imposing a higher restitution fine, calculating his conduct as well as actual credits, and ordering him to pay a jail booking fee. The Attorney General agrees with two of these three contentions. We affirm the judgment but remand the matter with instructions for the court to correct the abstract of judgment to reflect the original, lower restitution fine, to strike the jail booking fee, and to calculate Parker’s actual credits only. FACTS AND PROCEDURAL BACKGROUND In 2012, the People charged Parker with a lewd act on a child under 14 (count 1) and attempting to kidnap a child under 14 (count 2). The People alleged Parker had prior convictions for forcible rape and robbery—both strikes as well as serious felony priors under Penal Code section 667, subdivision (a)(1). The People alleged Parker had served three prior prison terms under Penal Code section 667.5, subdivision (b). On August 28, 2012, Parker entered into a plea agreement with the People. Parker pleaded no contest to the lewd act count. He admitted the priors. In accordance with the plea agreement, the court struck the robbery strike and sentenced Parker to a determinate term of 24 years (instead of the third strike sentence he had been facing). In accordance with Parker’s agreement with the prosecution, the court imposed the upper term of eight years, doubled because of the strike, plus five years for the serious felony prior (rape) and three years for the three prison priors. The court ordered Parker to pay a restitution fine of $5,760. The court dismissed count 2. In December 2022 the court apparently received a letter from the California Department of Corrections and