People v. Hill CA3

FACTS AND PROCEEDINGS

On October 17, 2012, defendant and two cohorts attacked one of defendant’s former roommates, William Johnson, as Johnson was trying to retrieve his belongings from defendant’s garage. The assailants handcuffed Johnson and repeatedly asked him to turn over his methadone pills. When Johnson said he did not have any, one of the assailants stuck him with a hypodermic needle filled with cleaning fluid. They continued to hit him for six to eight hours and threatened to bury him if he called law enforcement. The assailants eventually took Johnson’s cell phone, keys, and wallet and set him free. At sentencing after defendant entered a no contest plea to second degree robbery, the trial court suspended execution of a state prison term, placed defendant on probation, and said the following regarding fines: “I’m not going to impose any fines under 654 of the California Penal Code. There is going to be a restitution fine. That’s two hundred forty. Now is there any other type of fine I impose--a parole revocation fine since if they go to prison.” The probation officer interjected, “Actually we just impose the 1202.45, that would be the probation revocation, then impose…