People v. Harper CA4/1

Filed 10/28/15 P. v. Harper CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D067517

Plaintiff and Respondent,

v. (Super. Ct. No. SCN320633)

AUSTIN BLAINE HARPER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Richard S.

Whitney, Judge. Affirmed with directions.

Alissa Bjerkhoel, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Arlene Sevidal and Minh U. Le,

Deputy Attorneys General, for Plaintiff and Respondent.

In August 2013, Austin Blaine Harper pled guilty to assault with force likely to

produce great bodily injury. (Pen. Code, § 245, subd. (a)(4).)1,2 In October, the trial

court suspended imposition of sentence and imposed three years of formal probation,

including 270 days in custody. The court imposed other conditions of probation,

including, as is relevant here, a restitution fine in the amount of $280 pursuant to section