Martinez

A jury convicted Carlos Mario Martinez of residential burglary (Pen. Code, § 459). Martinez admitted one serious felony prior conviction within the meaning of section 667, subdivision (a)(1); one prison prior within the meaning of section 667.5, subdivision (b) and one serious/ violent felony prior conviction within the meaning of section 667, subdivisions (b) through (i).

Martinez was sentenced to a determinate term of 13 years in prison. The court at sentencing imposed a $3,000 restitution fine pursuant to section 1202.4, subdivision (b) and a suspended parole revocation restitution fine of $3,400 pursuant to section 1202.45.

Martinez appeals contending the evidence is insufficient to prove an intent to commit larceny at the time of entry into the dwelling, that the court erred in denying his request for a jury instruction on the lesser related offense of trespass and that the court erred in imposing a $3,400 parole revocation restitution fine. We will affirm the conviction and direct the abstract of judgment be amended to reflect restitution fines of $3,000.

Statement of Facts

On the morning of January 20, 2000, Martinez broke into a residence by removing the…