People v. Williams

On appeal from a judgment of conviction and sentence following a negotiated guilty plea, appellant Michael Howard Williams contends that the trial court erred in imposing a restitution fine because the court failed to advise appellant that the fine was a consequence of his plea. We agree and order that the restitution fine be stricken from the judgment.

Procedural Background

Because there is only one narrow legal issue on appeal, a brief summary of the procedure below will suffice. The amended notice of appeal specifies that this appeal was taken from two judgments, but the sole issue relates to the second case.

Case No. 14264-C. Appellant was charged by amended information, with having committed the following offenses on November 20, 1986: (1) possession for sale of methamphetamine with an arming enhancement (Health & Saf. Code, § 11378, Pen. Code, § 12022, subd. (a)); (2) possession of methamphetamine, with an arming enhancement (Health & Saf. Code, § 11377, subd. (a), Pen. Code, § 12022, subd. (a)); (3) possession of a hypodermic needle or syringe (Bus. & Prof. Code, § 4149); (4) carrying a concealed .22-caliber weapon in a vehicle (Pen. Code, § 12025, subd. (a));…