People v. Woods CA2/4

Filed 9/18/14 P. v. Woods CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B252824

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA408101) v.

MICHAEL ONEAL WOODS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Garcia, Judge. Affirmed. Heather E. Shallenberger, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Lance E. Winters, Assistant Attorney General, Scott A. Taryle and Eric J. Kohm, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION Michael Oneal Woods appeals from the imposition of a probation revocation fine. He contends the fine was unauthorized, as the trial court failed to orally impose the fine following the probation revocation hearing. Finding no reversible error, we affirm. FACTUAL BACKGROUND AND PROCEDURAL HISTORY On May 17, 2013, appellant entered a plea of nolo contendere to making 1 criminal threats, in violation of Penal Code section 422, subdivision (a). He also admitted a gang allegation. In exchange for the plea, the trial court imposed and suspended a seven-year prison term, and placed appellant on three years of formal probation. The court imposed a $280 restitution fine, and suspended a $280 probation revocation fine. The court noted that appellant “would not have to pay that fine unless you violate your probation.” On August 20, 2013, the People filed a motion requesting revocation of appellant’s probation. After a hearing, the court found appellant in violation and revoked his probation. The court imposed the previously suspended sentence of seven years in state prison. The court made no mention of any fines, and provided no reason for waiving or reducing any previously imposed fines. However, the minute order for the hearing stated: “Defendant to pay probation revocation fine, previously stayed, pursuant to Penal Code section 1202.44 in the amount of $280.00.” Similarly, the abstract of judgment reflected a $280 probation revocation fine. Appellant timely filed a notice of appeal.