People v. McFarland CA1/3

Filed 8/15/22 P. v. McFarland CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A160723 v. (San Mateo County TAMEKA MCFARLAND, Super. Ct. No. 19-SF-013116-A)

Defendant and Appellant.

In 2020, defendant Tameka McFarland pled no contest to second degree robbery (Pen. Code, § 212.5, subd. (c))1 and admitted a prior felony strike conviction (§§ 667, subd. (d), 1170.12) and a prior serious felony (§ 667, subd. (a)(1)). On appeal, defendant argues the trial court abused its discretion in denying her motion to strike her prior strike conviction for sentencing purposes. She also challenges the imposition of a $300 restitution fine, a $40 court operations assessment fee, a $30 criminal assessment fee, and a $30 administrative fee without a hearing on her ability to pay them. We vacate the balance of the $30 administrative fee, but in all other respects affirm the judgment.

1 Further statutory references are to the Penal Code unless indicated otherwise. 1

FACTUAL AND PROCEDURAL BACKGROUND Between 2009 and 2019, defendant was convicted of various criminal offenses, including several felonies and a misdemeanor. In September 2008, defendant and an accomplice stole liquor from a store. The store clerk was punched in the face, and defendant drove a car into the clerk as they fled. Defendant was convicted in 2009 of second degree robbery and received three years of probation. Also in 2009, defendant was convicted twice of felony second degree burglary, one for an incident occurring in August 2008 and the other for an incident occurring in February 2009. In February 2014, defendant was convicted of receiving stolen property (§ 496) and received two years of probation after she stole clothing from a store and punched an employee when confronted. In June of the same year, she was convicted of felony infliction of corporal injury on her spouse (§ 273.5, subd. (a)) after she stabbed him in the back and hand during an argument and fled the scene. In 2019, defendant was convicted of a misdemeanor—obstructing an officer (§ 148, subd. (a)(1))—for which she received three years of probation. Defendant committed her instant 2019 offense while on probation. This time she had attempted to steal merchandise from a phone store. When the store manager tried to record her with a phone, defendant knocked the phone out of his hand and fled. Defendant pled no contest to second degree robbery (§ 212.5, subd. (c)) and admitted a prior strike conviction premised on the 2009 second degree robbery conviction for the liquor theft (§§ 667, subd. (d), 1170.12) and a prior serious felony (§ 667, subd. (a)(1)). Pursuant to the plea agreement, the trial court struck other charges and priors alleged in the information, i.e., a felony count of bringing contraband into jail (§ 4573, subd. (a)), a misdemeanor count of resisting an officer (§ 148, subd. (a)(1)), and five prior felonies (§ 1203, subd. (e)(4)).