People v. Fuentes CA4/3

INTRODUCTION

Defendant Jose Fuentes was convicted of murder, robbery, and burglary. Defendant does not challenge his convictions on appeal. Rather, he argues (1) his sentences for committing robbery and burglary should have been stayed, pursuant to Penal Code section 654, because he had a single objective in committing all three crimes, and (2) the parole revocation restitution fine imposed pursuant to Penal Code section 1202.45 must be stricken. The Attorney General concedes the correctness of defendant’s argument on both issues. We agree and direct the trial court to amend the abstract of judgment to reflect the correct sentence, and to strike the parole revocation restitution fine. We affirm the judgment as so modified.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

The victim’s body was discovered in his studio apartment on June 6, 2010. The victim had died as a result of severe blunt head trauma. The next day, defendant was arrested after a routine traffic stop, during which a replica handgun and a small amount of methamphetamine were discovered on defendant. Defendant was driving the victim’s car. During an interrogation, defendant admitted he owed money to a methamphetamine…