People v. Grant CA1/1

I.

FACTUAL AND PROCEDURAL

BACKGROUND

In March 2012, Grant failed to return a borrowed car, and the car was subsequently reported stolen. Grant pleaded guilty to one felony count of embezzlement. (Pen. Code, § 503.)1 At Grant’s sentencing hearing in June 2012, the trial court suspended imposition of sentence and placed Grant on probation. The court also imposed a $240 restitution fine under section 1202.4, subdivision (b), and a $240 probation-

1 All statutory references are to the Penal Code.

1 revocation fine under section 1202.44, stayed pending successful completion of probation. Grant admitted he violated the terms of his probation three different times. After the first two admissions, the trial court reinstated probation. After the third admission in December 2013, the court revoked Grant’s probation and sentenced him to 16 months in jail under section 1170, subdivision (h)(5)(A). The following exchange then took place regarding the previously imposed probation-revocation fine: “THE COURT: . . . There would be the assessment of the suspended 1202.44. Is that $280 or— “THE CLERK: Yes. “THE COURT: Okay.” The abstract of judgment states that Grant shall pay a…