People v. Ward CA2/5

Filed 10/26/15 P. v. Ward CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B258987

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA405490) v.

KEVIN WARD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Sam Ohta, Judge. Affirmed and remanded with directions. Kimberly Howland Meyer, 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, Scott A. Taryle, Supervising Deputy Attorney General, Timothy M. Weiner, Deputy Attorney General, for Plaintiff and Respondent.

After his guilty plea to one count of attempted murder (Pen. Code, §§ 664, 187),1 the trial court sentenced defendant Kevin Ward (defendant) to 19 years in state prison. We consider whether defendant must pay $132 in attorney fees when the court did not impose such fees during the oral pronouncement of sentence. We also determine whether defendant is entitled to an additional day of custody credit.

BACKGROUND In 2012, defendant attacked Israil Barri outside of World Share, a community center located near Fifth and San Pedro in Los Angeles. An amended information filed on May 13, 2013, charged defendant with one count of assault likely to produce great bodily injury (§ 245, subd. (a)(4)), one count of willful, deliberate, and premeditated attempted murder (§§ 664, 187, subd. (a)), and one count of assault with a deadly weapon (§ 245, subd. (a)(1)). Defendant pled guilty to the attempted murder charge. The probation report prepared in advance of sentencing stated that defendant was a transient, and that when booked, he provided no occupational or employment information. Further, the probation report stated his income and assets were unknown, and that previously, defendant had worked as a boxer, day laborer, and in shipping and receiving. The report did not make an attorney fees recommendation. The court sentenced defendant to a term of nineteen years, consisting of the midterm of seven years, doubled pursuant to section 1170.12, subdivisions (a) through (d), and section 667, subdivisions (b) through (i), plus an additional five years pursuant to section 667, subdivision (a). In addition to fines and restitution, the court awarded defendant 500 days of custody credit (435 days of actual time, plus 65 days of local conduct credit). When orally pronouncing sentence, the court did not impose an attorney fees assessment nor did it make a finding that defendant had the ability to pay attorney