People v. Solwa CA4/3

Filed 9/29/22 P. v. Solwa 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G060241

v. (Super. Ct. No. 18HF0657)

SETH SOLWA, OPI NION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Kimberly Menninger, Judge. Affirmed as modified. Jason Szydlik, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Eric A. Swenson and Daniel Rogers, Deputy Attorneys General, for Plaintiff and Respondent.

Seth Solwa appeals from a judgment entered after a jury found him guilty of domestic battery. The parties agree the trial court’s imposition of certain fees in connection with its grant of probation should be vacated based upon recent legislation. We agree and reverse and remand with directions regarding the fees. We affirm the judgment in all other respects. FACTS In 2017, Solwa was involved in an altercation with his then girlfriend, whose body struck a bench resulting in a fractured rib. In 2018, he was charged in a criminal complaint with domestic battery resulting in corporal injury (Pen. Code, § 273.5, subd. (a)) and, as a sentencing enhancement, inflicting great bodily injury in the commission of the battery (Pen. Code, § 12022.7, subd. (e)). After the trial court issued a warrant for Solwa’s arrest, he appeared in court and pleaded not guilty. In 2020, Assembly Bill No. 1869 (2019-2020 Reg. Sess.) (Stats. 2020, ch. 92) (AB 1869) was enacted. Relevant to Solwa’s contentions in this appeal, the bill restructured rules for fees that could be imposed on convicted defendants to reimburse costs for “booking or otherwise processing” the defendants, pursuant to former Government Code section 29550, subdivision (c). (Stats. 2020, ch. 92, §§ 22-25.) Relevant here, the bill also established that after June 2021, any portion of a judgment containing an unpaid balance for a previously imposed booking fee should be vacated. (Gov. Code, § 6111, subd. (a).) In February 2021, the jury found Solwa not guilty of the charged felony but convicted him of a lesser included misdemeanor of domestic battery. (Pen. Code, § 243, subd. (e)(1).) At an April 2021 sentencing hearing, the trial court placed Solwa on informal probation for three years. As conditions of his probation, the court ordered Solwa to serve 180 days in county jail and pay restitution in an amount to be determined.