P. v. Flores-Castro
After defendant Edy Alberto Flores-Castro admitted he struck and bit his live-in girlfriend, he pled guilty to inflicting corporal injury on a cohabitant (Pen. Code, 273.5, subd. (a)) and was sentenced to prison. After sentencing, an abstract of judgment was prepared that included the imposition of a $400 domestic violence fee pursuant to section 1203.097, subdivision (a). Defendants sole contention on appeal is that imposition of the $400 fine was error because section 1203.097, subdivision (a) applies only to defendants who receive probation. The People properly concede error.Court agree. Section 1203.097 states, in pertinent part: (a) If a person is granted probation for a crime in which the victim is a person defined in Section 6211 of the Family Code, the terms of probation shall include all of the following: [] . . . [] (5) A minimum payment by the defendant of two hundred dollars ($200) to be disbursed as specified in this paragraph. If, after a hearing in court on the record, the court finds that the defendant does not have the ability to pay, the court may reduce or waive this fee.
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