People v. McCullough CA4/1

FACTS AND PROCEDURAL BACKGROUND

Pursuant to a plea agreement, McCullough entered a guilty plea to one count of

resisting an executive officer (Pen. Code, § 69). The parties stipulated McCullough

would receive three-years probation subject to 365 days in custody. The charges arose

from an incident at the University of California San Diego (UCSD) in which McCullough

resisted and fought with UCSD police officers. McCullough signed a written change of

plea form, which included references to the maximum possible punishment including a

$10,000 fine as well as a mandatory restitution fine.

McCullough was sentenced in accordance with the plea agreement, which

included three-years formal probation, 365 days custody and numerous conditions of

probation. Among the conditions of probation were various fees, a restitution fine of

$280 and a discretionary fine of $820. As we have noted McCullough did not object to

any of the conditions of probation, including any of the fines and fees ordered by the

court.

DISCUSSION

Remarkably, McCullough now contends the $820 fine was unlawful because it

was not part of the plea agreement. In making this argument appellate counsel…