P. v. Brown
Filed 7/31/06 P. v. Brown CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(El Dorado)
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| THE PEOPLE, Plaintiff and Respondent, v. GERALD LAWRENCE BROWN, Defendant and Appellant. | C050428
(Super. Ct. No. P05CRF0199)
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In exchange for a grant of probation and the dismissal of a charge of elder abuse, defendant Gerald Brown pled no contest to possession of methamphetamine for sale (Health & Saf. Code, § 11378). The trial court imposed various conditions of probation, including that defendant serve a year in the county jail and pay certain fines and fees.
On appeal, defendant challenges the probation condition that his residence be subject to his probation officer's approval, and contends the trial court erred in failing to calculate defendant's presentence custody credits and in not separately stating the amount of fees and penalty assessments imposed.
Defendant's contentions have merit. We will direct the trial court to (1) strike the invalid portion of the probation condition, (2) calculate defendant's custody credits, (3) separately state the amount of the fines and penalty assessments imposed, and (4) amend the order of probation accordingly.
DISCUSSION
I
Defendant contends that the trial court erred in directing defendant, as a condition of probation, to â€
