People v. Lynch CA5

Filed 1/2/15 P. v. Lynch CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent, F067486

v. (Super. Ct. No. VCF195886)

CHARLES BENJAMIN LYNCH, OPINION

Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Tulare County. Gary L. Paden, Judge. William I. Parks, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and Raymond L. Brosterhous II, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

 Before Levy, Acting P.J., Poochigian, J., and Detjen, J.

Defendant Charles Benjamin Lynch pled no contest to multiple counts arising from harm he inflicted on his girlfriend in 2007. He appeals the trial court’s denial of his motion to strike or modify the fines and fees, asking that we strike two of the fines because the trial court failed to determine his ability to pay. We dismiss the appeal. PROCEDURAL SUMMARY Plea and Sentencing On December 22, 2008, defendant pled no contest to 14 felony counts in return for a stipulated sentence of 19 years in state prison. On February 4, 2009, the trial court sentenced defendant to the 19-year term and ordered him to pay fines and fees totaling $12,080, as follows: a $10,000 restitution fine (Pen. Code, § 1202.4, subd. (b)),1 plus a suspended $10,000 parole revocation fine (§ 1202.45); a $280 court security fee (§ 1465.8); an $800 medical examination fee (§ 1203.1h, subd. (b)); and a $1,000 child abuse prevention restitution fine (§ 294, subd. (a)). On February 18, 2009, the court held another sentencing hearing to modify the sentences on counts 13 and 14, changing them to one year each. Defendant was present and accompanied by counsel. On March 24, 2009, an ex parte hearing was held to modify the February 18, 2009 minute order to reflect that the sentence on count 13 was modified to one year four months and count 14 was modified to one year four months with the four-month portion stayed, for a total term of two years four months on those two counts. The modifications brought the total sentence to 19 years again. Defendant was present and accompanied by counsel. The same day, an abstract of judgment reflecting these modifications was filed.2