People v. Serrano CA4/3

Filed 7/20/16 P. v. Serrano CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G051307

v. (Super. Ct. No. 13CF3023)

SILVIA DENISE SERRANO, OPINION

Defendant and Appellant.

Appeal from a postjudgment order of the Superior Court of Orange County, Christopher J. Evans, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed in part, reversed in part, and remanded. Leonard J. Klaif, 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, A. Natasha Cortina and Kristen Kinnaird Chenelia, Deputy Attorneys General, for Plaintiff and Respondent.

Silvia Denise Serrano appeals from the trial court’s postjudgment order granting her petition to recall her felony conviction, reduce it to a misdemeanor, and resentence her. Serrano argues the trial court erred by ordering her to reimburse the public defender and the sheriff. As we explain below, we conclude Serrano forfeited appellate review of whether the fees were proper but we must remand the matter for the trial court to clarify the authority for and amount of the fees. FACTS In 2013, Serrano pleaded guilty to receiving stolen property and admitted the prior conviction and prison term allegations. The trial court sentenced Serrano to two years in prison. Serrano entered into the plea agreement understanding the court may order her to reimburse her attorney fees and signed a waiver on the determination of her ability to pay. The court determined Serrano was unable to pay attorney fees because of her commitment to state prison. In January 2015, Serrano filed, and the trial court granted, a petition to have her felony conviction designated a misdemeanor pursuant to Penal Code section 1170.18. The court redesignated Serrano’s conviction a misdemeanor, ordered her to serve 365 days in jail with credit for time served, and imposed one year of parole. The court concluded, “I am signing an order that requires you to reimburse the public defender and the sheriff.” When the court asked whether there was anything else, defense counsel responded, “No. Thank you, your honor.” DISCUSSION Serrano argues the trial court erred by imposing attorney fees and “sheriff” fees and asserts her claims are not forfeited. The Attorney General contends Serrano forfeited appellate review of these issues and alternatively, the fees were proper. However, the Attorney General concedes the matter must be remanded for the court to specify the authority for and amount of the fees. We agree with the Attorney General.