IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT Yuba
July 8, 2011
THE PEOPLE, PLAINTIFF AND RESPONDENT,
JOHN WAYNE BUCKLEY, DEFENDANT AND APPELLANT.
Super. Ct. No. CRF10332
The opinion of the court was delivered by: Robie, J.
P. v. Buckley CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
After his live-in girlfriend reported to police that defendant John Wayne Buckley punched her in the arm and bit her nose, defendant pled no contest to inflicting corporal injury on a cohabitant resulting in a traumatic condition.
Defendant was sentenced to state prison for the upper term of five years and ordered (among other things) to pay a domestic violence fee of $400 pursuant to Penal Code section 1203.097.*fn1
On appeal, defendant contends, and the People correctly concede, that the trial court should not have imposed a fine pursuant to section 1203.097, subdivision (a), which applies to a defendant "granted probation for a crime in which the victim is a person defined in Section 6211 of the Family Code" (i.e., a victim of domestic violence).
Section 1203.097 does not apply because defendant was not granted probation. We shall modify the judgment accordingly.
The judgment is modified to strike the fine imposed pursuant to section 1203.097, subdivision (a). As modified, the judgment is affirmed. The trial court shall prepare an amended abstract of judgment and forward a certified copy thereof to the California Department of Corrections and Rehabilitation.
We concur: HULL, Acting P.J. MAURO, J.