People v. Pineda CA3

Filed 10/10/13 P. v. Pineda CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C071194

Plaintiff and Respondent, (Super. Ct. No. SF117328A)

v.

TOMOTEO VERGARA PINEDA,

Defendant and Appellant.

A jury convicted defendant Tomoteo Vergara Pineda of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1))1 and five counts of lewd and lascivious acts on a child (§ 288, subd. (a)) with enhancements for great bodily injury (§ 12022.7, subd. (a)) and multiple victims (§ 667.61, subd. (e)(5)). The trial court sentenced defendant to 38 years to life in state prison.

1 Undesignated statutory references are to the Penal Code.

1

On appeal, defendant contends the order to pay medical and mental health costs pursuant to section 1203.1g was unauthorized, the no contact order did not set a time limit, and the administrative fee imposed on the restitution fine was not included in the oral pronouncement of judgment. We shall modify the judgment as to the no contact order and administrative fee, vacate the order regarding medical and mental health costs, and affirm the judgment as modified.

DISCUSSION2

I. Section 1203.1g Payment

Defendant contends, and the People concede, the order to pay for the minor victims’ medical or psychological treatment pursuant to section 1203.1g must be vacated because such orders are authorized only as a condition of probation and defendant was not placed on probation but was sentenced to state prison. We accept the concession.

The trial court issued a supplemental order after the oral pronouncement of the sentence stating that defendant pay for any costs of medical or mental health treatment to the victims pursuant to section 1203.1g.