People v. Donahoe CA4/1

DISCUSSION

By its terms, the plea bargain provided for the satisfaction of "fines" by custody,

not for the satisfaction of "assessments" or "fees" by custody. Thus, the plea bargain

provided for the satisfaction by custody of, at most, the $800 base fine and the restitution

fine. The restitution fine was excluded from such satisfaction by Donahoe's

acknowledgment on the change of plea form that he was required to pay a restitution fine

of between $200 and $10,000.2 At the 2012 sentencing hearing, the court carried out the

terms of the plea bargain by making the $800 base fine "concurrent with custody" and

requiring the remaining "fines" be paid at the "rate of $50.00 per month." At the 2013

Additionally, at the 2012 change of plea hearing, Donahoe testified that he understood that if he violated the conditions of probation, he could be sent to prison and be required to pay a $10,000 fine. 3 sentencing hearing, the court did not mention the base fine, an implied statement that

Donahoe's time in custody had satisfied that fine, and ordered the restitution fine be paid.

The above conclusion is borne out by section 2900.5, subdivision (a). When

Donahoe was…