People v. Perez CA2/1

BACKGROUND

On July 1, 2013, Perez threatened Jose Farias and his daughter, Stephanie Espinoza, with a knife, threatening to kill them. When arrested, he told police “they” would not let him see his daughter. He was convicted by a jury on two counts of assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).)1 At sentencing, the trial court suspended imposition of sentence and placed Perez on formal probation for five years. As a condition of probation, Perez was ordered to serve 364 days in county jail and pay, among several other fees, both a parole revocation fine in the amount of $280 (§ 1202.45) and a probation revocation fine of $280 (§ 1202.44). In addition, as a condition of probation Perez was ordered to stay away from Farias and Espinoza and their residence, and advised that failure to do so may be “charged [as] a completely separate crime” and “may be punished as a felony, a misdemeanor, or contempt of court.” Perez timely appealed.

DISCUSSION

Parole Revocation Fine Perez contends the parole revocation fine was improper because suspension of the imposition of sentence created a situation where he was not sentenced to any prison term, and thus could not be…