People v. Santiago CA6

Filed 1/21/16 P. v. Santiago CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H042067 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1369154)

v.

JUAN SANTIAGO,

Defendant and Appellant.

Defendant Juan Santiago pleaded no contest to infliction of corporal injury on a former cohabitant (Pen. Code, § 273.5, subd. (a))1 and attempted dissuading of a victim from reporting a crime by force or threat of force or violence (§ 136.1, subd. (c)(1)). The court sentenced defendant to two years in prison, deemed the prison sentence satisfied, and imposed various fines and fees on defendant. Defendant’s counsel filed an opening brief in which no issues are raised and asked this court for an independent review of the record as required by People v. Wende (1979) 25 Cal.3d 436. We notified defendant of his right to submit a written argument on his own behalf, but he has not done so. After independent review of the record, we requested supplemental briefing by both parties regarding the $259.50 criminal justice administration fee imposed by the trial court. We conclude that fee cannot be upheld because there is no evidence that the fee assessed represented no more than the actual administrative costs of booking and 1 Unspecified statutory references are to the Penal Code.

otherwise processing an arrestee. Accordingly, we will order the booking fee stricken and affirm the judgment as modified. I. FACTUAL AND PROCEDURAL BACKGROUND2 The victim began dating defendant in May 2013 and they moved in together shortly thereafter. At the preliminary hearing, the victim testified that defendant was physically abusive towards her and forced her to have sex with him on two occasions. On October 31, 2013, while the two were living in San Jose, defendant got angry because he mistakenly believed the victim was having a sexual relationship with their landlord. He grabbed the victim by the hair and hit her in the face with a closed fist. She tried to call 9-1-1 on a cell phone, but he took the phone out of her hand and broke it. The victim told defendant she wanted to go back to Santa Ana, where she lived before meeting him. They went to the bus station and learned that the next bus to Santa Ana left the following day. Because she had nowhere else to stay, the victim went home with defendant. They began fighting again and he hit her in the face. Later that night, defendant forcibly had sex with the victim against her will. It was the second time he had done so during their relationship. The victim moved out the next day. She reported the abuse to the Santa Clara County (the County) Sheriff’s Office on November 4, 2013. A felony complaint was filed against defendant on November 7, 2013. The County District Attorney filed a first amended information on March 24, 2014, charging defendant with two counts of rape (§ 261, subd. (a)(2), counts 1 & 2), one count of inflicting corporal injury on a former cohabitant (§ 273.5, subd. (a), count 3); and one count of attempting to dissuade a victim from reporting a crime (§ 136.1, subd. (b)(1), count 4). Count 4 was later amended to attempting to dissuade a victim from reporting a crime by force or threat of force or violence (§ 136.1, subd. (c)(1)).