People v. Thompson CA2/2

Filed 9/16/14 P. v. Thompson CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B249433

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA091280) v.

BRADEN WILLIAM THOMPSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Tomson T. Ong, Judge. Affirmed as modified.

Leslie Conrad, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Lance E. Winters, Assistant Attorney General, Paul M. Roadarmel, Jr., and Connie H. Kan, Deputy Attorneys General, for Plaintiff and Respondent.

_________________________

The sole issue on appeal is whether the trial court erred in imposing a $1,000 assessment and surcharge on appellant Braden William Thompson under Penal Code section 14641 and Government Code section 76000. Both appellant and the People agree that the assessment must be stricken. We strike the $1,000 assessment and otherwise affirm the judgment. Conviction and Sentencing2 A jury found appellant guilty of second degree murder, shooting at an inhabited dwelling, possession of a handgun by a felon, and two counts of attempted murder. The jury also made true findings that appellant personally used and discharged a firearm. (§ 12022.53, subds. (b), (c).) The trial court found that appellant had served two prior prison terms (§ 667.5, subd. (b)). The trial court sentenced appellant to 97 years eight months to life in prison. Appellant was ordered to pay a $40 court operations assessment (§ 1465.8, subd. (a)(1)) and a $30 criminal conviction assessment (Gov. Code, § 70373) for each count. The trial court also imposed a $5,000 restitution fine payable to the California Victim Compensation and Government Claims Board (§ 1202.4, subs. (f)), a $1,784.12 restitution fine payable to the victim, a $10,000 restitution fine (§ 1202.4, subd. (b)), a $10,000 parole restitution fine (§ 1202.45) to be stayed upon completion of parole, and a $1,000 assessment and surcharge payable to the probation officer (§ 1464, Gov. Code, § 76000).