Error and/or relief
We strike the domestic violence probation fee. The defendant was sentenced to prison.
Holding:
The domestic violation probation fee is imposed only when a defendant is granted probation. It is not applicable when the defendant is sentenced to prison. the unauthorized fee must be stricken.
Authority:
PEN 1203.97(a)(5)
People v. Kirvin (2014) 231 Cal.App.4th 1507, 1520
People v. Scott (1994) 9 Cal.4th 331, 354