Villalobos
People v. Villalobos
Opinion
Opinion
WISEMAN, Acting P. J.
In return for a reduced sentence, defendant Ramiro Villalobos pled no contest to charges of attempted premeditated murder and second degree robbery. At sentencing, the court imposed a $4,000 restitution fine and a $4,000 parole revocation fine. On appeal, Villalobos argues the fines violated his plea agreement. Our Supreme Court first examined the issue of fines added at sentencing to a plea bargained sentence in People v. Walker (1991) 54 Cal.3d 1013 [ 1 Cal.Rptr.2d 902 , 819 P.2d 861 ] ( Walker ). We publish to illustrate the application of Walker in light of our Supreme Court's most recent discussion of the issue in People v. Crandell (2007) 40 Cal.4th 1301 [ 57 Cal.Rptr.3d 349 , 156 P.3d 364 ] ( Crandell ). So far as the record discloses, fines were not a subject of the parties' bargaining in this case, and the plea agreement left the issue of fines to the court's discretion. We affirm the fines.
Villalobos also appeals the concurrent gang enhancement sentence added to his sentence for second degree robbery. Because Villalobos never admitted the truth of the enhancement allegation for that count, we reverse this part of the sentence.