People v. Garrett CA2/4

Filed 2/5/16 P. v. Garrett CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B262392

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA062133) v.

KEITH NATHANIEL GARRETT,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Daviann L. Mitchell, Judge. Affirmed. A. William Bartz, Jr., 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, Assistant Attorney General, Zee Rodriguez and Mary Sanchez, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION Defendant Keith Garrett pleaded no contest to two drug possession crimes. The trial court ordered defendant’s sentence suspended and placed him on probation. After multiple probation violations, the trial court sentenced defendant to county jail and ordered him to pay various fines, $417 in attorney fees and $1,000 in restitution. Defendant appeals the exaction. We affirm. FACTUAL AND PROCEDURAL BACKGROUND In an information filed April 16, 2014, defendant was charged with felony violations of Health & Safety Code sections 11378 (count 1, possession of a controlled substance for sale – methamphetamine); 11379, subdivision (a) (count 2, sale/offer to sell a controlled substance – methamphetamine); 11377, subdivision (a) (count 3, unauthorized possession of a controlled substance – methamphetamine); and 11350, subdivision (a) (count 4, possession of a controlled substance – cocaine base). The information further alleged that defendant had a prior conviction for robbery under Penal Code section 211, which is a serious or violent felony under Penal Code section 667. Defendant eventually pleaded no contest to counts 3 and 4; counts 1 and 2 were dismissed. On June 10, 2014, the court sentenced defendant to three years, eight months in prison, and suspended the sentence. The court placed defendant on probation for five years with a number of conditions, including requirements that defendant complete 100 days of community service and participate in a drug treatment program. The court also imposed various fees, including a court operations assessment, a criminal conviction assessment, and a drug program fee. The court also imposed restitution fines, but ordered the fines stayed unless probation was revoked. Defendant’s probation report later showed that he complied with a payment plan, contributing $15 per month toward the imposed fees. On February 4, 2015, defendant filed a petition for resentencing under Penal Code section 1170.181; the District Attorney did not oppose the petition. The same day,