People v. Herrick CA3

I. BACKGROUND

Defendant was charged in 2015 with child abuse (§ 273a, subd. (a)—count 1), false imprisonment by violence (§ 236—count 2), and corporal injury to a child (§ 273d, subd. (a)—count 3). In March 2016, defendant pled guilty to count 1, and the remaining allegations were dismissed. In July 2016, per the plea agreement, the trial court suspended imposition of sentence, placed defendant on four years of probation, and ordered him to serve 60 days in jail. The trial court imposed various fines and fees, including a $300 restitution fine (§ 1202.4, subd. (b)) and a corresponding $300 probation revocation fine (suspended unless probation is revoked) (§ 1202.44). Defendant admitted violating probation in January 2017 and again in May 2017. Both times, the trial court revoked and reinstated probation. In March 2021, defendant again admitted to violating probation. During the June 2021 sentencing hearing, defense counsel informed the trial court that the parties “had discussed a resolution of this matter,” and defendant would be “sentenced to a six-year term in state prison, but the execution of that sentence [would] be suspended” because defendant would be given one more…