People v. Adams CA2/4

Filed 12/5/23 P. v. Adams CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

THE PEOPLE, B318241

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA155931) v.

DARYL EUGENE ADAMS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, John J. Lonergan, Jr., Judge. Remanded in part with instructions, affirmed in part. Andrea Keith, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent.

Appellant Daryl Adams pled no contest to willful infliction of corporal injury upon his ex-girlfriend. (Pen. Code, § 273.5.)1 The trial court imposed sentence, including various fines and fees, but suspended its execution and placed appellant on formal probation. The court subsequently revoked appellant’s probation and executed the three-year sentence. Appellant presents two issues in this appeal from the resultant judgment. First, appellant contends the court erred by imposing fines and fees without first holding a hearing on his ability to pay. We agree with respondent Attorney General that this contention is forfeited due to appellant’s failure to request such a hearing below. Second, appellant contends remand is necessary to clarify the nature of a modification to a protective order. Respondent does not oppose this request, which we grant. We accordingly affirm the judgment but remand the matter for clarification of the protective order as well as correction of clerical errors in the abstract of judgment and a minute order documenting the sentencing hearing. BACKGROUND A felony complaint filed November 4, 2021 charged appellant with two felony counts of willfully inflicting corporal injury upon his ex-girlfriend (§ 273.5, subd. (a)), one felony count of making criminal threats (§ 422, subd. (a)), and two misdemeanor counts of willfully disobeying a restraining order (§ 166, subd. (a)(4)). On December 23, 2021, the prosecution offered and appellant accepted a plea deal. Pursuant to the agreement, appellant pled no contest to one of the section 273.5, subdivision