P. v. Todd CA2/7

Filed 5/28/13 P. v. Todd CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B239647

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA080371) v.

URBAN TITUS TODD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Eric C. Taylor, Judge. Affirmed as modified.

Adrian K. Panton, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Lawrence M. Daniels and Rene Judkiewicz, Deputy Attorneys General, for Plaintiff and Respondent.

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Urban Titus Todd pleaded no contest to aggravated assault and was sentenced to four years in state prison. On appeal, Todd contends imposition of restitution and parole revocation fines in the amount of $240 constituted an ex post facto application of the law, and his presentence custody credits were improperly calculated. We affirm the judgment as modified. FACTUAL AND PROCEDURAL BACKGROUND After he attacked Daniel Turner on February 20, 2011, Todd was charged in an information with one count of assault by means of force likely to produce great bodily injury (Pen. Code,1 245, subd. (a)(1)).2 The information specially alleged Todd had suffered one prior conviction for a serious or violent felony within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and had served four separate prison terms for felonies within the meaning of section 667.5, subdivision (b). Represented by appointed counsel, Todd pleaded not guilty to the charge and denied the special allegations. On January 12, 2012, Todd waived his constitutional rights and entered a negotiated plea of no contest to the aggravated assault charge and admitted the prior strike allegation. In accordance with the plea agreement, the trial court imposed a four- year state prison sentence, consisting of the two-year lower term doubled under the Three Strikes law.3 The trial court awarded Todd 392 days of presentence credit (327 actual days and 65 days of conduct credit). The court assessed a $240 restitution fine (§ 1202.4, subd. (b)) and other fines and fees. It also imposed and suspended a parole revocation fine pursuant to section 1202.45.