McCoy

Certified for Partial Publication. [*]

Defendant, Terry McCoy, appeals from his convictions for grand theft of an automobile (Pen.Code, [1] § 487, subd. (d)), and evading an officer with willful or wanton disregard for the safety of persons or property. (Veh.Code, § 2800.2, subd. (a).) Defendant was also found to have previously been convicted of four prior serious felonies and to have served four prison terms. (§§ 667, subd. (a)(1), 667.5, subd. (b), 667, subds. (b)-(i), 1170.12, subds. (a)(d).) Defendant, who represented himself at trial, argues he is entitled to a reversal because of an irregularity during a lineup. The Attorney General argues the abstract of judgment must be corrected and the trial court should have imposed a section 1202.45 additional restitution fine.

In the published portion of the opinion, we address the issue of whether the trial court's failure to impose a section 1202.45 additional restitution fine and stay it pending any parole violation is a legally unauthorized sentence when a section 1202.4, subdivision (b)(1) fine is imposed. We conclude that when the trial court imposes a section 1202.4, subdivision (b)(1) fine, but neglects to…