P.

INTRODUCTION

On April 10, 2012, a jury found Alexander Leyva (appellant) guilty of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)), and not guilty of participation in a criminal street gang (Pen. Code, § 186.22, subd. (a)).1 In a bifurcated proceeding, the trial court found true allegations that appellant had a prior serious felony conviction within the meaning of the three strikes law (§§ 667, subds. (c)–(j); 1170.12, subds. (a)-(e)) and a prior prison term enhancement (§ 667.5, subd. (b)). On May 8, 2012, the trial court struck the prior prison term enhancement and sentenced appellant to the low term of 16 months, doubled to 32 months pursuant to the three strikes law. The court imposed a restitution fine pursuant to section 1202.4, subdivision (b) of $240 and a suspended fine of the same amount pursuant to section 1202.45. On January 1, 2012, an amendment to section 1202.4, subdivision (b) by the Legislature became operative and increased the minimum restitution fine from $200 to $240. Appellant contends, and respondent concedes, that his offense occurred prior to the operative date of the amendment and therefore imposition of the increased fine…