P. v. Lashin
Pursuant to a plea agreement involving three separate cases, defendant Andre Lashin entered no contest pleas to corporal injury on a spouse or cohabitant (Pen. Code, § 273.5, subd. (a))[1] with an enhancement for personally inflicting great bodily injury (§ 12022.7, subd. (e)), second degree burglary (§ 459), receiving stolen property (§ 496, subd. (a)), and being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)). In exchange for his pleas, numerous charges were dismissed and it was agreed he would receive five years’ formal probation with the suspended execution of a term of 10 years four months in state prison. Defendant was sentenced in accordance with this agreement.
Defendant appeals, contending the trial court’s written probation order does not accurately reflect the fines and fees it assessed when pronouncing sentence. He also claims the court was not permitted to impose a fine in addition to ordering him to make payments to a battered women’s shelter. Defendant’s final contention is that the court did not assess his ability to pay before ordering payment of the costs of preparing the presentence report and probation supervision. We conclude the matter must be remanded to the trial court for clarification of its order.
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