P. v. Eattock

Filed 3/17/06 P. v. Eattock 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

(Butte)

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Defendant Dustin Douglas Eattock entered a negotiated guilty plea to child abuse, as a misdemeanor (Pen. Code, § 273a, subd. (b)--count 3) and two counts of lewd and lascivious conduct upon a child under the age of 14 years (Pen. Code, § 288, subd. (a)--counts 1 and 2) in exchange for no state prison at the outset.

The trial court suspended imposition of sentence and granted probation for a term of five years subject to certain terms and conditions, including the payment of various fines and fees.

Defendant appeals. He contends the matter must be remanded to the trial court to specify the statutory basis for the fines and fees. He also contends his sentence is unauthorized with respect to the imposition of certain penalties because defendant's offenses predated the effective date of the statutes authorizing the same. We shall modify the order of probation to strike unauthorized fines and penalties and otherwise affirm.

Discussion

A recitation of the facts underlying the offenses is not necessary for our discussion of defendant's contentions.

In granting probation, the trial court incorporated general condition 14 as set forth in the probation report which provided, in relevant part, as follows:

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