P.

P. v. Carmona CA3

Good Law
Court of Appeal of CaliforniaAugust 18, 2014C074698California476 words

Opinion

Opinion

DISCUSSION

I Restitution Fines Defendant first challenges the two separate $400 fines appearing in the abstract of judgment and noted above--one “now due” for defendant’s violation of probation (§ 1202.44) and one suspended unless parole is revoked (§ 1202.45). As defendant contends, and the People agree, both fines were originally orally imposed (with the section 1202.44 fine stayed) in the amount of $200. As we noted ante, the $200 amount was incorrectly reflected (in 2009) in the resulting order of probation as $400, an error which apparently influenced the 2013 abstract of judgment, for it contains the same error. These $400 amounts for the fines now due (§ 1202.44) and stayed (§ 1202.45) in the drug case and reflected in the abstract of judgment as relating to “Case B” should be reduced to $200. Further, because neither of these fines was orally pronounced by the trial court at the 2013 sentencing for the probation revocation, we must modify the judgment to

3 include these fines. Because the fines are already reflected in the abstract of judgment, but are in the wrong amounts, we direct the abstract be amended to reflect these fines in the correct amounts. We also direct…

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