P. v. Seng CA2/7

Filed 5/28/13 P. v. Seng CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B242906

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA396030) v.

SAVIN SENG,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Thomas Rubinson, Judge. Affirmed as modified. Maxine Weksler, 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, Victoria B. Wilson and Brendan Sullivan, Deputy Attorneys General, for Plaintiff and Respondent.

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Savin Seng (appellant) appeals from the judgment entered following his negotiated no contest plea to possession of a firearm by a felon. His sole contention is the trial court’s order that he pay $126 in attorney’s fees for his court appointed counsel was improper. We affirm the judgment as modified. PROCEDURAL BACKGROUND1 Appellant was charged in an indictment with committing assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1)),2 attempted criminal threat (§§ 422, 664) and possession of a firearm by a felon (§ 12021, subd. (a)(1)). The indictment specially alleged appellant committed the offenses for the benefit of a criminal street gang within the meaning of section 186.22, subdivision (b)(1), and appellant had suffered three prior serious or violent felony convictions within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). Represented by appointed counsel, appellant made a motion to quash the indictment, which the trial court heard and denied. Thereafter, in accordance with a plea agreement, appellant pleaded no contest to possession of a firearm by a felon, admitted the gang allegation and one of the prior strike allegations and was sentenced to an aggregate state prison term of four years. Appellant received presentence custody credit of 274 days and was ordered to pay various fines and fees, including $126 in attorney’s fees. The remaining counts and enhancement allegations were dismissed on the People’s motion. Appellant filed a timely notice of appeal. His certificate of probable cause was granted with respect to sentencing error. DISCUSSION