Jeffers

A jury convicted defendant, Bronico D. Jeffers, of violating Penal Code section 12021 which makes possession of a firearm by a felon a crime. At sentencing, defendant admitted his current offense was a violation of his probation for a previous conviction. He was granted 3 years probation for the current offense to run consecutively to the term of probation for the prior conviction and was ordered to serve 150 days in local custody with 14 days credit. The court imposed a $1,000 restitution fine and directed defendant to pay $330 for the cost of preparing the presentence investigation report.

On appeal, defendant claims the trial court committed instructional error and exceeded its authority in requiring payment of the $1,000 restitution fine within 24 months of his release from custody.

Facts

On June 7,1993, defendant entered Chuck’s Gun Works in Porterville and asked to talk to Richard Maness. Charles Bodoh, a gunsmith and owner of the gun shop, told defendant Richard was busy but he could help defendant. Defendant handed Bodoh a box wrapped in a paper bag and said he was making a delivery for a friend. Bodoh unwrapped and opened the box in which he found a .3…