People v. Cannavan CA2/6

Filed 3/17/22 P. v. Cannavan CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B311681 (Super. Ct. No. 2017021278) Plaintiff and Respondent, (Ventura County)

v.

PATRICK ALLEN CANNAVAN,

Defendant and Appellant.

Patrick Allen Cannavan appeals a judgment entered following his guilty plea to two counts of forcible lewd acts with a child with admissions regarding the statute of limitations and substantial sexual conduct with a child. (Pen. Code, §§ 288, subd. (b)(1), 801.1, subd. (a), 1203.066, subd. (a)(8).)1 We strike the $5,000 child abuse prevention fine as unauthorized, reverse and remand for resentencing regarding the $10,000 victim-witness assistance fine, but otherwise affirm. (§§ 294, 288, subd. (e)(1).)

1 All statutory references are to the Penal Code.

FACTUAL AND PROCEDURAL HISTORY In 2010, when S.F. was nine years old, Cannavan touched her over and under her underwear as she sat on his lap. He also forced her to touch his penis. S.F. was a friend of Cannavan’s daughter. Cannavan also touched his step-daughter’s breasts and vagina under her clothing. She was then 10 years old. Pursuant to a plea agreement, Cannavan pleaded guilty to two counts of forcible lewd acts with a child and admitted statute of limitations and substantial sexual conduct allegations. The trial court sentenced Cannavan to a 16-year prison term; imposed a $1,000 restitution fine, $1,000 parole revocation restitution fine (suspended), $5,000 child abuse prevention restitution fine, and $10,000 victim-witness assistance fine, among other fines; ordered victim restitution; and awarded Cannavan 1,128 days of presentence custody credit. (§§ 1202.4, subd. (b), 1202.45, 294, 288, subd. (e)(1).) Cannavan appeals and challenges imposition of the $5,000 child abuse prevention restitution fine and $10,000 victim- witness assistance fine. (§§ 294, 288, subd. (e)(1).) DISCUSSION I. Cannavan claims the $5,000 child abuse prevention restitution fine is unauthorized because the crime for which he was convicted is not an enumerated crime in section 294, subdivisions (a) or (b). The Attorney General properly concedes. Accordingly, we strike the section 294 fine as unauthorized. (People v. Scott (1994) 9 Cal.4th 331, 354.)