P. v. Mandock
A jury convicted defendant and appellant Samuel Bruno Mandock of simple kidnapping (count 1--Pen. Code § 207, subd. (a))[1] and false imprisonment (§ 236). The trial court granted defendant 36 months of probation with a requirement that he serve 365 days in jail; that he pay the costs of preparation of the probation report in an amount to be determined by the probation department, but not to exceed $1,095; that he pay probation supervision costs in an amount to be determined by the probation department, in an amount between $591.12 and $3,744; that he pay booking fees in the amount of $414.45; a conviction fee of $30 for each of his two convictions; and that he pay a security fee of $40 for each of his two convictions.
Defendant appeals contending the court erred in admitting the recording of his in-custodial statements in violation of Miranda;[2] in failing to issue a sua sponte jury instruction on the principles of aiding and abetting with respect to the charge of kidnapping; in permitting his separate conviction for false imprisonment because it is a necessarily lesser included offense of kidnapping; and in imposing the above enumerated fines and fees without making a determination of defendant's ability to pay, the sufficiency of the evidence to support the amounts, and in making some of them conditions of his probation. We direct the trial court to strike defendant's conviction on count 2 for false imprisonment. We likewise strike imposition of the booking fee and the conviction and security fees imposed as to defendant's count 2 conviction. In all other respects, we affirm the judgment.
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