P. v. Bonson
Defendant Travis Ryan Bonson was charged with committing a lewd and lascivious act upon his daughter, a child under the age of 14. (Pen. Code, § 288, subd. (a).)[1] He entered a no contest plea pursuant to an agreement that his sentence would not exceed three years in state prison. The court ordered a diagnosis pursuant to section 1203.03 to aid its assessment of whether defendant, who is a veteran with posttraumatic stress disorder, should be granted probation. (§§ 1170.9, 1203.03.) The court reviewed the psychological report, denied probation, and sentenced defendant to three years in prison. Defendant appeals, contending that the trial court wrongly failed to order a psychiatric evaluation pursuant to section 288.1 and to properly consider his request for probation as a veteran and improperly imposed a fine and fee without determining his ability to pay the charges. We find no error and shall affirm the judgment.
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