Error and/or relief
The court improperly imposed a domestic violence fee, because that only applies to those granted probation, which the defendant was not, as he was sentenced to prison.
First Holding:
The requirement to make a $500 domestic violence payment is not authorized by section 1203.097, because the trial court denied probation. The judgment is modified to strike the $500 domestic violence payment.
Authority:
PEN 1203.097