People v. Norphard CA2/5

Filed 7/10/14 P. v. Norphard CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B247433

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA078463) v.

HERMAN LARELLE NORPHARD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Leslie E. Brown, Judge. Affirmed as modified; remanded with directions. Steven A. Brody, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Margaret E. Maxwell and Thomas C. Hsieh, Deputy Attorneys General, for Plaintiff and Respondent.

I. INTRODUCTION

A jury convicted defendant, Herman Larelle Norphard, of first degree burglary in violation of Penal Code1 section 459. The jury found defendant had sustained three prior violent felony convictions. (§§ 667, subds. (b)-(i), 1170.12.) The trial court struck two of the prior violent felony conviction allegations. Defendant received a 17-year sentence. We modify the oral pronouncement of judgment as to court facilities and operations assessments. (Gov. Code, § 70373, subd. (a)(1); § 1465.8, subd. (a)(1).) We direct the trial court, upon remittitur issuance, to conduct an ability to pay hearing as to the local crime prevention programs fine (§ 1202.5, subd. (a)) together with the penalty assessments. We affirm the judgment in all other respects.