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P. v. Thill

P. v. Thill
06:14:2006

P


 


P. v. Thill


Filed 5/12/06  P. v. Thill 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NOT TO BE PUBLISHED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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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


(Sacramento)


----







THE PEOPLE,


          Plaintiff and Respondent,


     v.


EDWARD ALLEN THILL,


          Defendant and Appellant.



C050664


(Super. Ct. No. 04F11253)



     Defendant Edward Allen Thill entered a negotiated plea of no contest to four counts of lewd and lascivious acts on a child under the age of 14 years, in exchange for a stipulated sentence of 14 years in state prison and the dismissal of the remaining count and allegation against him. 


     The trial court sentenced defendant accordingly and ordered him  to pay a $5,180 restitution fine, $358 for the costs of the presentence investigation and report, $42 per month for probation supervision, and $540 in attorney fees.  Defendant received 252 days of presentence custody credit (220 actual days and 32 conduct days).  The court later modified the judgment to provide for 221 actual days and 34 conduct days, for a total of 255 days of presentence custody credit. 


     On appeal, defendant challenges the monthly cost for probation supervision, the presentence investigation and report costs, and the attorney fees.[1]


DISCUSSION


I


     The People concede that the trial court erred in ordering defendant to pay $42 a month for costs of probation supervision.[2]  We accept the concession.


     Penal Code section 1203.1b, subdivision (a) states that â€





Description A decision regarding lewd and lascivious acts on a child under the age of 14 years.
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