People v. Herrick CA3

Filed 5/8/25 P. v. Herrick CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C101104

Plaintiff and Respondent, (Super. Ct. No. 15F6010)

v.

LESLIE CARRIGAN HERRICK,

Defendant and Appellant.

Defendant Leslie Carrigan Herrick pled guilty to child abuse. The trial court initially suspended imposition of sentence and placed defendant on probation. After violating probation multiple times, defendant stipulated in 2021 to imposition of an upper term sentence of six years with execution of the sentence suspended. Defendant violated probation again in 2024, and the trial court revoked probation and executed the previously imposed six-year suspended sentence. On appeal, defendant argues the matter must be remanded for resentencing following the amendment of Penal Code section 1170

1

by Senate Bill No. 567 (2021-2022 Reg. Sess.) (Senate Bill 567).1 He further argues the trial court erred in imposing certain fines and fees. We will modify the fines and fees but otherwise affirm. I. BACKGROUND Defendant was charged in 2015 with child abuse (§ 273a, subd. (a)—count 1), false imprisonment by violence (§ 236—count 2), and corporal injury to a child (§ 273d, subd. (a)—count 3). In March 2016, defendant pled guilty to count 1, and the remaining allegations were dismissed. In July 2016, per the plea agreement, the trial court suspended imposition of sentence, placed defendant on four years of probation, and ordered him to serve 60 days in jail. The trial court imposed various fines and fees, including a $300 restitution fine (§ 1202.4, subd. (b)) and a corresponding $300 probation revocation fine (suspended unless probation is revoked) (§ 1202.44). Defendant admitted violating probation in January 2017 and again in May 2017. Both times, the trial court revoked and reinstated probation. In March 2021, defendant again admitted to violating probation. During the June 2021 sentencing hearing, defense counsel informed the trial court that the parties “had discussed a resolution of this matter,” and defendant would be “sentenced to a six-year term in state prison, but the execution of that sentence [would] be suspended” because defendant would be given one more chance on probation. The court noted defendant would also have to “waive his credits down to zero,” which would mean that defendant would serve the “full amount” of the six years. The court asked defendant if he agreed, and defendant responded yes. The court then sentenced defendant to the upper term of six years, suspended execution of the sentence, and reinstated probation. Defendant’s probation conditions included enrolling in and completing a child abuse program.