P. v. Holbea
Defendant pled no contest to one count of lewd and lascivious conduct with his stepdaughter. (Pen. Code, 288, subd. (a).) The original sentencing court found him statutorily ineligible for probation and sentenced him to the midterm of six years. On appeal, this court remanded because the trial court erred in finding defendant ineligible for probation. (People v. Holbea (June 13, 2007, C051370) [nonpub. opn.].) At resentencing, the court denied probation and again sentenced defendant to the midterm. Defendant appeals, contending the trial court erred (1) in failing to obtain a supplemental probation report; (2) in finding defendant posed a danger and rejecting the sex offender evaluation on the basis that defendant was Romanian; and (3) in increasing the fines under Penal Code sections 1202.4, subdivision (b) and 1202.45 from $600 to $1,200. The Attorney General concedes the court erred in failing to obtain a new probation report and in increasing the fines. The Attorney General argues, however, that the first error was harmless and the courts sentencing decision was not an abuse of discretion. Court agree. Court modify the judgment as to the fines and otherwise affirm.
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