People v. Hart CA2/2

Filed 4/1/21 P. v. Hart CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B301418

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA109696) v.

JUSTIN HART,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Judith L. Meyer, Judge. Affirmed as modified.

Maggie Shrout, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Paul M. Roadarmel, Jr., and Allison H. Chung, Deputy Attorneys General, for Plaintiff and Respondent.

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INTRODUCTION Justin Hart (defendant) argues that the trial court violated his constitutional rights by imposing the minimum amount of fines and fees, which total $380. There was no constitutional violation. Further, the trial court erred in not imposing an additional $70 in mandatory fees, and we order the trial court to correct this error. In all other respects, the judgment is affirmed. FACTS AND PROCEDURAL BACKGROUND While purporting to sell a motorcycle over Craigslist, defendant met with Rafael Durnat (Durnat). Durnat gave defendant $7,500 in cash, and defendant left him the bike. Less than two weeks later, defendant retrieved the bike from Durnat’s parking garage and sold it to Del Amo Motorsports in Long Beach for another $7,500. The People charged defendant with (1) grand theft (Pen. Code, § 487, subd. (a)),1 and (2) first degree residential burglary (§ 459). In July 2019, defendant and the People entered into a plea bargain. Pursuant to that bargain, defendant pled no contest to grand theft and second degree residential burglary, was placed on three years of formal probation, and was ordered to pay $7,500 in direct victim restitution to Del Amo Motorsports (which had allowed Durnat to keep the bike). The trial court also imposed a $300 restitution fine (§ 1202.4, subd. (b)), a $40 court operations assessment (§ 1465.8, subd. (a)(1)), a $30 criminal conviction