People v. Waits CA3

Filed 11/24/20 P. v. Waits CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C088472

Plaintiff and Respondent, (Super. Ct. No. 16CF00919)

v.

CASEY WAITS,

Defendant and Appellant.

Approximately two years into a three-year probation term, the trial court revoked defendant Casey Waits’s probation and executed a previously imposed five-year sentence in state prison. Defendant argues the trial court: (1) failed to obtain a supplemental probation report before defendant’s final sentencing hearing; and (2) violated defendant’s due process rights when it imposed various mandatory fines and fees without determining his ability to pay them. We will affirm the judgment.

1

BACKGROUND Defendant pleaded no contest to two counts of corporal injury on a spouse (Pen. Code, § 273.5)1 after he punched and headbutted the victim, his wife, in two separate incidents. At the September 2016 sentencing hearing, the trial court reviewed defendant’s probation report and determined defendant was eligible for probation based on the unusual circumstances in his case, including his positive response to drug treatment. The court placed defendant on a three-year probation term. The court also imposed fines and fees as follows: a $60 conviction assessment (Gov. Code, § 70373), an $80 court operations assessment (§ 1465.8), a $300 restitution fine (§ 1202.4, subd. (b)), a $300 probation revocation fine (§ 1202.44; suspended pending probation revocation), a $300 battered shelter fee (§ 1203.097, subd. (a)(11)(A)), a $500 and $250 domestic violence program fee (§ 1203.097, subd. (a)(5)), a probation supervision fee of $164 per month of probation (§ 1203.1b), a $736 presentence investigation report fee (§ 1203.1b), and a $420 appointed counsel fee. Six months later, defendant admitted that he violated his probation by terminating his participation in a treatment program. The court reinstated defendant’s probation subject to release into a residential treatment facility. One month later, defendant violated probation a second time by terminating his participation in a different treatment program. Defendant’s violation arose after he tried to switch programs, but did not notify probation until after he had changed. The court reinstated probation, saying defendant “didn’t follow the exact rules but didn’t break the law either.” In July 2017, the trial court stayed defendant’s fines and fees. Five months later, probation filed a third petition alleging a probation violation for terminating participation in a treatment program, which defendant admitted. The court imposed a five-year