P.

FACTS AND PROCEDURAL HISTORY

On February 10, 2011, defendant and appellant Lorenzo Eduardo Melendrez fired a gun at a car occupied by the victims, indentified as M.M. and B.G. Subsequently, defendant pled no contest to charges of shooting at an occupied vehicle (count I, Pen. Code, § 246); assault with a semiautomatic firearm on M.M. (count II, Pen. Code, § 245, subd. (b)); and assault with a semiautomatic firearm on B.G. (count III, ibid.). As to counts II and III, defendant admitted that he personally used a firearm during the commission of the offense (Pen. Code, § 12022.5, subd. (a)). (Each of the three counts was alleged to be a serious and violent felony under the “Three Strikes” law.) Defendant was sentenced to an operative prison sentence of six years. The court imposed a restitution fine of $2,600. (Pen. Code, § 1202.4.) It imposed and stayed a parole revocation restitution fine of $3,600. (See id., § 1202.45.) The minute order and the abstract of judgment, however, both indicated that the court had imposed a restitution fine of $3,600.

DISCUSSION

Defendant contends, and respondent agrees, that when there is a discrepancy between the oral pronouncement of judgment and…