People v. Lucero CA5

FACTS

On December 28, 2010, in Case No. MCR039670, defendant was charged with various crimes, and shortly thereafter she pled guilty to one count. The trial court granted probation and imposed a $200 restitution fine (Pen. Code, § 1202.4, subd. (b))1 and a suspended $200 probation revocation fine (§ 1202.44). On May 8, 2012, the probation department alleged defendant violated her probation by committing certain offenses. Defendant admitted the probation violation allegation. The court revoked and reinstated probation under the same terms, and collected the previously suspended $200 probation revocation fine. On February 20, 2013, the probation department again alleged defendant violated probation by committing certain offenses. Defendant again admitted the probation violation allegation. The court revoked probation and imposed a prison term of 16 months, to be served concurrently with the term imposed in Case No. MCR045527.2 The court also imposed a $240 restitution fine (§ 1202.4, subd. (b)) and a $240 suspended parole revocation fine (§ 1202.45).

All statutory references are to the Penal Code unless otherwise noted. Defendant was also charged with one of the…