People v. Molina CA5

Filed 6/30/22 P. v. Molina CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F082979 Plaintiff and Respondent, (Super. Ct. No. MCR067679) v.

CHELSEA ELIZABETH MOLINA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Madera County. Ernest J. LiCalsi, Judge. Gordon B. Scott, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Catherine Chatman and R. Todd Marshall, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P. J., Peña, J. and DeSantos, J.

In this appeal, defendant Chelsea Elizabeth Molina challenges the trial court’s denial of her request to withdraw her guilty plea. Defendant also notes various fees imposed as part of her sentence that are no longer enforceable and must be stricken from her sentence. While we agree with defendant that certain fees imposed as part of her sentence must be vacated, we conclude the trial court did not abuse its discretion when refusing to allow defendant to withdraw her plea. We vacate certain fees imposed and affirm the judgment in all other respects. FACTUAL AND PROCEDURAL SUMMARY On September 15, 2020, Chowchilla police responded to a report that two females were engaged in an altercation. When they arrived, defendant’s sister told a responding officer defendant was barricaded in the garage. After additional officers arrived and convinced defendant to leave the garage, defendant informed one of the officers that she had been sleeping in the garage when her sister started banging on the door. Defendant stated that when she opened the door, her sister punched her in the face. One officer noted he could smell alcohol on defendant’s breath at this time. When officers talked to defendant’s sister, she told them that while the family was eating dinner, defendant was “stomping around and opening and closing doors violently.” After the sister’s daughter expressed a desire to leave, they stepped outside the house and noticed their car had been damaged. The damage to the car consisted of spray-painted obscenities and gang references. The sister stated she then went to her father’s motor home that was parked nearby to ask him about her car. At this point, defendant approached her sister and “hit” her in the face. Their father broke up this altercation as well as a second one when everyone went back into the house.