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The People v. Seng Her

September 14, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
SENG HER, DEFENDANT AND APPELLANT.



(Super. Ct. No. 10F07201)

The opinion of the court was delivered by: Blease , Acting P. J.

P. v. Her 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury convicted defendant Seng Her of possession of methamphetamine. (Health & Saf. Code, § 11377, subd. (a); count three.) The jury deadlocked and a mistrial was declared on counts of inflicting corporal injury on the parent of his child (Pen. Code,*fn1 § 273.5, subd. (a); count one) and battery resulting in serious bodily injury (§ 243, subd. (d); count two). The trial court found that the conviction constituted a probation violation in case No. 08F04890, and that defendant had suffered a prior serious felony conviction. The prosecution dismissed the mistried counts in the interest of justice. Defendant was sentenced to state prison for seven years, consisting of the upper term of three years, doubled for the prior strike, plus one year in case No. 08F04890. He was awarded 172 days' custody credit and 172 days' conduct credit in this case and an aggregate 124 days' presentence credit in case No. 08F04890.*fn2

Defendant was ordered to pay a $200 restitution fine (§ 1202.4), a $200 restitution fine suspended unless parole is revoked (§ 1202.45), a $50 laboratory analysis fee (Health & Saf. Code, § 11372.5, subd. (a)) plus $130 in penalty assessments, a $150 drug program fee (Health & Saf. Code, § 11372.7) plus $130 in penalty assessments, a $40 court security fee (§ 1465.8, subd. (a)(1)), a $30 court facilities assessment (Gov. Code, § 70373), a $287.78 main jail booking fee (Gov. Code, § 29550.2), and a $59.23 classification fee (ibid).

On appeal, defendant contends imposition of the booking and classification fees was reversible error because he was "financially unable to pay . . . ." We affirm.

FACTS

In November 2010, O.T. resided with defendant and his family at the home of defendant's brother. O.T. and defendant are the parents of a one-year-old child.

On November 1, 2010, O.T. went to a Sacramento hospital complaining of pain to her collarbone as a result of defendant picking her up and throwing her to the ground. Medical personnel and x-rays established that O.T. had a fractured left clavicle and a partially healing right clavicle.

Sacramento Police Department officers responded to the hospital and took a statement from O.T. Then they proceeded to defendant's residence and contacted him in the garage. An officer observed an approximately four-inch-long glass smoking pipe next to defendant. In his coin pocket, the officer found a baggie containing .30 grams of methamphetamine.

DISCUSSION

I

Defendant contends the jail booking and classification fees must be stricken because the trial court imposed them without determining his present ability to ...


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