P. v. Gonzalez




Filed 4/27/11 P. v. Gonzalez CA2/3





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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, v. LUZ ANGELICA GONZALEZ, Defendant and Appellant.

B225828 (Los Angeles County Super. Ct. No. VA112988)

APPEAL from a judgment of the Superior Court of Los Angeles County, Lori Ann Fournier, Judge. Modified and, as so modified, affirmed.
Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Scott A. Taryle and Stacy S. Schwartz, Deputy Attorneys General, for Plaintiff and Respondent.

_________________________



Luz Angelica Gonzalez appeals the judgment entered following her plea of guilty to assault with a deadly weapon and her admission of a prior serious or violent felony conviction within the meaning of the Three Strikes law. (Pen. Code, §§ 245, (a)(1), 1170.12, subds. (a)-(d).)[1] We order the judgment modified to strike an order directing Gonzalez to pay $268 in attorney fees and, as so modified, affirm.
FACTS AND PROCEDURAL BACKGROUND
The facts adduced at the preliminary hearing indicated that, on November 12, 2009, Gonzalez and a friend, Lawrence Riggins, had a disagreement in the parking lot of the Lakewood Mall. Gonzalez drove her car at Riggins, who was standing next to his car, and momentarily pinned Riggins's ankle between the two vehicles when Riggins jumped to avoid the impact. Gonzalez backed away and again drove at Riggins who fell onto the hood of Gonzalez's car as Gonzalez continued to push Riggins's car with hers. Riggins rolled off the hood of Gonzalez's car, reached into the driver's side window, put the vehicle in park and removed the keys from the ignition. Gonzalez exited her car, tried to regain possession of her keys and bit Riggins on the forearm in the process.
An information charged Gonzalez with attempted murder and assault with a deadly weapon. It also alleged Gonzalez had a prior conviction within the meaning of section 667, subdivision (a)(1) and the Three Strikes law.
Pursuant to a plea bargain, Gonzalez pleaded guilty to assault with a deadly weapon and admitted a prior conviction within the meaning of the Three Strikes law. The remaining allegations were dismissed.
The trial court ordered Gonzalez to serve a prison term, to pay restitution as well as various fees and assessments, and to pay $268 in attorney fees.
CONTENTION
Gonzalez contends the trial court erroneously ordered her to pay $268 in attorney fees without first finding she had the ability to pay as required by section 987.8, subdivision (b). (People v. Pacheco (2010) 187 Cal.App.4th 1392, 1399.)
DISCUSSION
1. Relevant authority.
Section 987.8 authorizes a trial court to order a defendant to contribute to the cost of counsel appointed to represent the defendant. Section 987.8, subdivision (b) provides in part: â€