People v. Cornick CA3

Filed 12/13/13 P. v. Cornick CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C072087

Plaintiff and Respondent, (Super. Ct. No. 12F00370)

v.

ALBERT CORNICK,

Defendant and Appellant.

Following defendant Albert Cornick’s conviction for assault with a deadly weapon, the court sentenced him to three years in state prison and imposed a classification fee of $62.09 and a booking fee of $340.01. On appeal, defendant challenges both fees, arguing the court failed to find an ability to pay the fees. We find defendant forfeited his challenge to the classification and booking fees by failing to object in the trial court. FACTUAL AND PROCEDURAL BACKGROUND Harold Mausteller owned a business located in his residence. In 2011 Mausteller ran an advertisement in a local newspaper for a roommate. Defendant responded to the

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ad and signed a lease. Under the lease, defendant had the run of the premises with the exception of Mausteller’s bedroom, bathroom, and office. A few months later, defendant and Mausteller got into an argument over the repair of a wooden fence. Words were exchanged and defendant hit Mausteller on the head with a hammer. The two men struggled until Mausteller realized blood was running down his face. Mausteller called 911, and officers found Mausteller sitting on his neighbor’s porch with a bleeding head. Defendant has prior convictions for driving under the influence, causing injury, and for narcotics sales. Defendant testified he acted in self-defense and never struck Mausteller with the hammer. He stated Mausteller’s injuries were caused by the struggle. An information charged defendant with assault with a deadly weapon and assault by means of force likely to produce great bodily injury. (Pen. Code, §§ 245, subd. (a)(1), (4).) Defendant entered a plea of not guilty. A jury convicted defendant of assault with a deadly weapon. The court declared a mistrial as to the count of assault by means of force likely to produce great bodily injury. The court sentenced defendant to the middle term of three years in state prison and imposed a classification fee of $62.09 and a booking fee of $340.01. Defendant filed a timely notice of appeal. DISCUSSION Defendant argues the court erred in imposing the booking and classification fees at the time of sentencing. According to defendant, the court failed to find him able to pay the fees. Defendant also contends the issue is one of insufficient evidence and is not forfeited by his failure to object to the fees in the trial court. Background The trial court, at sentencing, reviewed the probation report. The court also noted that defendant and defense counsel had reviewed the report. The probation report