People v. Pinnick CA3

Filed 3/20/15 P. v. Pinnick CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C076088

Plaintiff and Respondent, (Super. Ct. No. CM032438)

v.

JOHN WILLIAM PINNICK, JR.,

Defendant and Appellant.

Pursuant to a plea bargain, defendant John William Pinnick, Jr., pleaded no contest to a charge of inflicting corporal injury on the mother of his child (Pen. Code, §§ 273.5, subd. (a)),1 and was placed on probation in October 2010 on the condition that he pay a $400 domestic violence program fee (§ 1203.097, former subd. (a)(5)) and a $300 battered women’s shelter fee (§ 1203.097, subd. (a)(11)(A)).

1 Undesignated statutory references are to the Penal Code.

1

In March 2014, the trial court revoked and terminated defendant’s probation, and he was sentenced to state prison for the upper term of four years. The court ordered defendant to pay the two previously imposed fees (noted above), and to pay a $280 fee for the preparation of a supplemental probation report.

On appeal, we disagree with defendant that the $400 domestic violence program fee and the $300 battered women’s shelter fee did not survive the termination of his probation; we also conclude that defendant has forfeited his claim that the evidence is insufficient that he had the ability to pay the $280 supplemental probation report fee.

We dispense with a recitation of the facts underlying defendant’s offense as they are not material to the issues raised on appeal.

DISCUSSION

I. The Domestic Violence Program Fee and the Battered Women’s Shelter Fee