Arata
People v. Arata
Opinion
Opinion
Nicholson, J.
Defendant Joseph Peter Arata appeals from a judgment and revocation of probation, after a guilty plea, which resulted in a four-year prison sentence. On appeal, defendant contends (1) he is entitled to full credit for the time he spent in local custody because he did not effectively waive his credits as applied to state prison time, and (2) the trial court erred when it imposed, pursuant to Penal Code section 1202.4, a second $800 restitution fine when it had already imposed a $600 fine at the time defendant was granted probation. We agree with defendant on both points. Accordingly, we modify the judgment and remand for recalculation of defendant’s custody credits.
BACKGROUND
In November 1999, defendant was charged, in a four count complaint, with corporal injury to a spouse (§ 273.5, subd. (a)), discharge of firearm in a grossly negligent manner (§ 246.3), making a criminal threat (§ 422) and brandishing a firearm (§ 417, subd. (a)(2)). Defendant waived his preliminary hearing and entered guilty pleas to infliction of corporal injury and brandishing a firearm on the condition that he would receive a grant of probation with a 90-day jail term.