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People v. Jefferson

California Court of Appeals, Second District, Fifth Division

June 27, 2016

THE PEOPLE, Plaintiff and Respondent,
v.
JESSICA LEE JEFFERSON, Defendant and Appellant.

         CERTIFIED FOR PARTIAL PUBLICATION [*]

         APPEAL from a judgment of the Superior Court of Los Angeles County, No. KA108277, George Genesta, Judge.

          Christopher Love, under appointment by the Court of Appeal, for Defendant and Appellant.

          Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, and Scott A. Taryle, Deputy Attorney General, for Plaintiff and Respondent.

          TURNER, P.J.

         I. INTRODUCTION

         Defendant, Jessica Lee Jefferson, appeals from a judgment of conviction of two counts of misdemeanor methamphetamine possession and one count of attempted second degree robbery. (Health & Saf. Code, § 11377, subd. (a); Pen. Code, [1] §§ 211, 664.) We affirm the judgment of conviction but reverse the 14-year sentence in its entirety. Upon remittitur issuance, the trial court is to resentence defendant.

         In the published portion of this case, we discuss two sentencing issues. To begin with, we analyze why the Health and Safety Code section 11372.7, subdivision (a) drug program fee may not be suspended. We conclude that because defendant did not have the ability to pay the fine, it may not be imposed at all. In addition, we discuss why no section 1202.5, subdivision (a) crime prevention fee may be imposed. We conclude that attempted robbery is not an enumerated offense in section 1202.5, subdivision (a). Thus, when defendant is resentenced, no drug program nor crime prevention fees may be imposed.

         II. DISCUSSION

         [Parts II(A) and (B)(1)-(5) are deleted from publication. See post at page 7 where publication is to resume.]

         A. Defendant’s Fight With the Security Guards and Extensive Prior Record

         After she stole tools from a department store, two security guards attempted to apprehend defendant. As they were taking her into custody, she attempted to fight the security guards. One of the security guards, Sylvia Razo, described how defendant reacted once confronted outside the store: “She immediately tried to run past [loss prevention officer Richard Patini], shoving me to try and get away. I then grabbed her arm and tried to get the purse so that I can get my merchandise back, if she wanted to run away.... She would not let it go.” According to Mr. Patini, no effort was made to grab defendant’s arm until she swung at him with her fist. Ms. Razo was pushed as defendant tried to break away from the two security guards. Defendant continued to struggle with the security guards as she was taken back into the store.

         Defendant has an extensive record of prior convictions. On June 5, 2000, defendant was convicted of petty theft and was sentenced to two days in the county jail. Additionally, a delayed entry of judgment order was entered because of defendant’s admission she violated Health and Safety Code sections 11550, subdivision (a) and 11377, subdivision (a). On July 3, 2001, defendant was placed on probation after her conviction for petty theft with a prior conviction. (§ 666, subd. (a).) Defendant was found in violation of probation as a result of her August 21, 2002 petty theft conviction. Defendant was sentenced to 90 days in county jail and placed on three-year probation. On January 15, 2003, defendant was sentenced to prison for a new conviction of petty theft with a prior conviction. Additionally, on October 30, 2003, defendant was sentenced to prison for violating her probation from her August 21, 2002 petty theft conviction.

         Defendant’s May 11, 2005 arrest for driving with a suspended license resulted in a July 12, 2005 order placing her on three years probation. (Veh. Code, § 14601.1, subd. (a).) On July 18, 2005, defendant was arrested for driving an automobile without the owner’s consent in violation of Vehicle Code section 10851, subdivision (a). On July 29, 2005, defendant was sentenced to prison for the automobile theft charge. On August 17, 2006, defendant was again sentenced in another case to prison for unlawful driving of a vehicle in violation of Vehicle Code section 10851, subdivision (a).

         After being paroled, defendant was convicted of switchblade possession in violation of former section 653k, now sections 17235 and 21510. On June 5, 2008, she was sentenced to county jail for 90 days. On April 15, 2009, defendant was arrested for being under the influence of a controlled substance and placed on 12 months summary probation. (Health & Saf. Code, § 11550, subd. (a).) On December 10, 2010, defendant was arrested for possession of narcotics paraphernalia and later placed on probation on January 26, 2011. (Health & Saf. Code, § 11364, subd. (a).) On January 29, 2011, defendant was arrested once again for being under the influence of a controlled substance and later placed on three years probation. (Health & Saf. Code, § 11550, subd. (a).) On February 26, 2011, defendant was arrested on various felony charges. On March 1, 2011, defendant was ...


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