P. v. Rodriguez
Eduardo Rodriguez appeals from the judgment entered following his conviction by jury on six counts: kidnapping to commit another crime (Pen. Code, § 209, subd. (b)(1)),[1] sexual penetration by a foreign object (§ 289, subd. (a)(1)(a)), attempted forcible rape (§§ 664/261, subd. (a)(2)), kidnapping (§ 207, subd. (a)), and two counts of assault with a deadly weapon (§ 245, subd. (a)(1)). He contends that the trial court erred in failing to declare a doubt as to his mental competence and hold a hearing pursuant to section 1368. He also argues that the court erred in imposing a $5,000 fine pursuant to section 667.6. We conclude that the court did not err in failing to declare a doubt as to appellant’s mental competence. However, the fine under section 667.6 was erroneously imposed. We strike the $5,000 fine and order the imposition of the mandatory court security fee and criminal conviction assessment. In all other respects the judgment is affirmed.
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