P. v. Diessner

Filed 7/11/06 P. v. Diessner 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

(Sutter)

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Defendant Oscar George Diessner III pled guilty on to one count of possession of methamphetamine. On October 18, 2004, he was placed on three years' probation and was ordered to pay various fees and fines as a condition of probation. Also a civil judgment was entered against him in favor of the City of Yuba City for booking fees. No appeal was filed.

On August 1, 2005, following a probation violation hearing, the trial court reinstated defendant's probation on the original terms and conditions, adding an additional condition related to ownership/possession of firearms and an order for additional jail time to be served.

Defendant appeals, contending the trial court erred by: (1) conditioning his grant of probation on payment of restitution fines and administration costs totaling $420; and (2) entering a civil money judgment against him in the amount of $44.50.

We shall modify the judgment to vacate the civil money judgment and affirm in all other respects.

FACTUAL AND PROCEDURAL BACKGROUND

On September 20, 2004, defendant pled guilty to possession of methamphetamine. On October 18, 2004, defendant was sentenced to three years' probation under the standard terms and conditions of probation, including the following added special conditions: 30 days in jail (with credit for 2 days served) and payment of a $200 restitution fine, a $50 criminal laboratory fee, a $60 state penalty assessment, a $35 county penalty assessment, a $20 state court construction penalty, a $20 monthly supervision fee for probation, and a $35 collection fee. Additionally, the court entered a civil judgment (for booking fees) in the amount of $44.50 against defendant and in favor of the City of Yuba City.

On June 10, 2005, the trial court found that defendant possessed ammunition in violation of the conditions of his probation. On August 1, 2005, probation was reinstated and defendant was required to serve an additional 210 days in jail (with two days credit).

DISCUSSION

I

Forfeiture Of Claims Regarding Fees

Defendant raises two arguments on appeal, both having to do with the imposition of fees, fines, and penalties assessed in conjunction with the probation order. He first argues that, although the $420 in costs imposed against him may be collectible as a civil judgment, they cannot be made a condition of probation â€