P. v. Scott CA4/3

Filed 7/30/13 P. v. Scott CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G047218

v. (Super. Ct. No. 11HF0210)

MORRIS ENELL SCOTT, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Richard M. King, Judge. Affirmed in part and reversed in part. Zachary D. Winnick, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Lilia E. Garcia and Kristine A. Gutierrez, Deputy Attorneys General, for Plaintiff and Respondent. * * *

The People charged defendant Morris Enell Scott with being a convicted felon and causing a concealed firearm to be in a vehicle. (Pen. Code, former § 12025, subds. (a)(3), (b)(1), now Pen. Code, § 25400, subds. (a)(3), (c)(1).) In a bifurcated trial, the jury convicted defendant of causing a concealed firearm to be in a vehicle and the court found defendant had suffered a prior felony conviction. The court sentenced defendant to the low term of 16 months in county jail. In a separate written order, but not in its oral pronouncement of sentence, the court ordered defendant to pay a $235 criminal justice administration fee (also known as a booking fee). On appeal defendant contends the booking fee should be stricken. We agree. In all other respects, we affirm the judgment.