People v. Todd CA3

Filed 11/24/20 P. v. Todd CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, C091427

Plaintiff and Respondent, (Super. Ct. No. CRF1800130)

v.

JACKLYN LORRAINE TODD,

Defendant and Appellant.

Appointed counsel for defendant Jacklyn Lorraine Todd filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Thereafter, defendant filed a supplemental brief. Having reviewed defendant’s arguments and the record as required by Wende, we will affirm.

1

I. BACKGROUND The People’s felony complaint charged defendant with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)—count 1)1 and assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(4)—count 2). On January 31, 2018, defendant entered a conditional plea with a Cruz2 waiver of no contest to count 2 in exchange for probation and dismissal of count 1. The stipulated factual basis for her plea was the sheriff’s report, which indicated defendant had struck her ex-boyfriend in the head with a guitar causing a laceration on his scalp. The parties also stipulated to the unusual circumstance finding necessary to grant defendant probation. The matter was referred for a full sentencing report. On March 26, 2018, the trial court accepted defendant’s conditional plea and dismissed the remaining count. The court then suspended imposition of sentence and placed defendant on three years’ felony probation with various terms and conditions, including that she “not batter, annoy, threaten or harass” the victim, J.M. The court imposed a $300 restitution fine (§ 1202.4, subd. (b)), a $30 collection fee on that fine (§ 1202.4, subd. (l)), a $300 suspended probation revocation restitution fine (§ 1202.44), a $40 court operations assessment fee (§ 1465.8), a $30 criminal conviction assessment fee (Gov. Code, § 70373), and a $70 workman’s compensation fee for her participation in the sheriff’s work program3 (§ 1203.1b). The court also ordered defendant pay $40 each month for the costs of probation supervision (§ 1203.1b), $370 for the presentence report (§ 1203.1b), a booking fee of $43.50 (Gov. Code, § 29550.2), and $100 for the cost of her