P. v. Lee

Filed 8/24/06 P. v. Lee CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

SECOND APPELLATE DISTRICT

DIVISION ONE

APPEAL from a judgment of the Superior Court of Los Angeles County. Stephen A. Marcus, Judge. Affirmed in part, vacated in part and remanded with directions.

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Gregory L. Cannon, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Marc E. Turchin and Jack Newman , Deputy Attorneys General, for Plaintiff and Respondent.

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Fredrick Lee was charged with one count of attempted murder (Pen. Code, §§ 664, 187, subd. (a); all further section references are to the Pen. Code), two counts of assault with a firearm (§ 245, subd. (a)(2)), and possession of a firearm by a felon (§ 12021, subd. (a)(1)). Pursuant to a plea bargain, Lee pleaded no contest to attempted murder and one count of assault with a firearm. Lee was sentenced to an aggregate of 17 years in state prison. At the prosecutor's request, the court also imposed a domestic violence fine of $400 pursuant to section 1203.097, subdivision (a)(5). Lee appeals, contending that the trial judge lacked discretion to impose the domestic violence fine. The Attorney General concedes the issue. We agree. We vacate the domestic violence fine, and remand the case for the trial court to prepare an amended minute order and abstract of judgment so stating. In all other respects, we affirm the judgment.

DISCUSSION

Section 1203.097, subdivision (a)(5) reads, â€