People v. Rodriguez CA3

Filed 5/24/22 P. v. Rodriguez CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C094495

Plaintiff and Respondent, (Super. Ct. No. 20CF03165)

v.

RICARDO RODRIGUEZ,

Defendant and Appellant.

Appointed counsel for defendant Ricardo Rodriguez has asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Having reviewed the record, we shall vacate the $25 administrative screening fee imposed pursuant to Penal Code1 former section 1463.07 that was unpaid as of July 1, 2021, in light of the passage of Assembly Bill No. 177

1 Subsequent undesignated statutory references are to the Penal Code.

1

(2021-2022 Reg. Sess.) (Stats. 2021 ch. 257, §§ 34-35). Finding no other arguable error that would result in a disposition more favorable to defendant, we will otherwise affirm the judgment. BACKGROUND The People’s complaint filed July 1, 2020, charged defendant with committing a lewd or lascivious act upon a child under the age of 14 (§ 288, subd. (a); count 1); dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1); count 2); and continuous sexual abuse of a child (§ 288.5, subd. (a); count 3). On November 19, 2020, the complaint was deemed an information by stipulation of the parties. On February 11, 2021, the People amended the date count one was committed, and defendant then resolved this case by pleading guilty to count one, and in exchange, the other two counts as well as a misdemeanor matter were dismissed in the interests of justice with a Harvey waiver.2 The parties stipulated the factual basis for the plea would be taken from the probation report. This report stated that defendant had touched his stepdaughter’s breasts below her shirt and bra on multiple occasions over the course of approximately one and a half years. On July 1, 2021, the trial court denied defendant’s request for probation and sentenced him to the midterm of six years. The court also ordered defendant pay a $300 restitution fine (§ 1202.4), a $300 suspended parole revocation restitution fine (§ 1202.45), a $30 conviction assessment fee (Gov. Code, § 70373), a $40 court operations fee (§ 1465.8), a sex offense fine (§ 290.3) including associated penalty enhancements totaling $1,170, and a $25 administrative screening fee (former § 1463.07). The court reserved jurisdiction to award victim restitution. Finally, the court