People v. Bulich CA4/3

Filed 12/29/21 P. v. Bulich 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G059257

v. (Super. Ct. No. 19HF0092)

HAROUN STEPHEN BULICH, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Andre Manssourian, Judge. Affirmed in part, and remanded with directions. Jason Szydlik, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Steve Oetting and Anthony Da Silva, Deputy Attorneys General. * * *

Appellant Haroun Stephen Bulich appeals from a sentence imposing various fees and fines, contending the trial court improperly imposed a $500 domestic violence discretionary fee, and failed to clarify which fees and fines were imposed or waived. For the reasons stated below, we conclude the matter should be remanded for correction of the minute order and clarification.

I FACTUAL AND PROCEDURAL BACKGROUND A. Plea Agreement and Suspended Imposition of Sentence On April 24, 2019, the Orange County District Attorney filed an information charging appellant with: (1) felony assault with force likely to produce great 1 bodily injury (Pen. Code § 245, subd. (a)(4)) ; (2) misdemeanor domestic battery with corporal injury (§ 273.5, subd. (a)); and (3) misdemeanor violation of a protective order (§ 166, subd. (c)(1)). The information also alleged a great bodily injury (GBI) enhancement (§ 12022.7, subd. (a)) and a prison prior enhancement (§ 667.5, subd. (b)). On May 13, 2019, pursuant to a plea agreement, appellant pled guilty to felony assault and misdemeanor domestic battery counts and admitted the GBI and prison prior enhancements in exchange for dismissal of the misdemeanor violation of a protective order count and three years of formal probation. That same day, the trial court suspended imposition of sentence and placed appellant on probation for three years, with credit for time served. The court stated the “[r]emaining terms of probation are on the guilty plea . . . you initialed and signed.” The May 13, 2019 minute order reflects that in accordance with the plea agreement, the court imposed a $300 restitution fine (§ 1202.4, subd. (b)), a $300 parole revocation restitution fine (§§ 1202.44 & 1202.45) which it suspended, a $40 court operations fee (§ 1465.8)