People v. Lee CA2/5

Filed 4/8/15 P. v. Lee CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B257221

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA404953) v.

CLIFTON LEE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Clifford Klein, Judge. Reversed and remanded with directions. Coleman, Balogh & Scott, Evan C. Greenberg, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Margaret E. Maxwell, Supervising Deputy Attorney General, and Yun K. Lee, Deputy Attorney General, for Plaintiff and Respondent. _____________________

Defendant Clifton Lee appeals from the trial court’s denial of his postjudgment motion to apply excess custody credits to his $180 restitution fine pursuant to Penal Code section 2900.5. 1 Defendant contends, and the Attorney General concedes, that the version of section 2900.5 in effect at the time of the original sentencing hearing entitles defendant to offset the restitution fine with excess custody credits. We agree and conclude the court imposed an unauthorized sentence. We reverse the postjudgment order and remand the cause to the trial court to apply excess custody credits to satisfy the restitution fine.

PROCEDURAL HISTORY2

Because we are only reviewing the trial court’s denial of defendant’s postjudgment motion, we will not recount the statement of facts on appeal. On November 16, 2012, defendant was arrested and taken into custody following a fight during which defendant struck the victim with a glass bottle. After a preliminary hearing on December 4, 2012, the court held the defendant to answer and ordered defendant into custody. Defendant remained in custody throughout the pendency of his case. On October 10, 2013, a jury convicted defendant of misdemeanor assault (§ 240). That same day, the court sentenced defendant to a six-month jail term with credit for six months already served and imposed a $180 restitution fine. On May 5, 2014, defendant filed a motion under section 2900.5 to apply excess custody credits to his restitution fine. On June 16, 2014, the court denied the motion and defendant timely filed a notice of appeal.