People v. Johnson CA6

I. INTRODUCTION

Defendant Theodore Johnson, Jr., pleaded no contest to the felony of injuring a cohabitant (Pen. Code, § 273.5, subd. (a))1 in March 2013 and was placed on formal probation. After a second incident of domestic violence involving the same victim in June 2013, defendant pleaded no contest to one felony count of making criminal threats (§ 422) and one felony count of injuring a cohabitant, the second conviction occurring within seven years of the first conviction (§ 273.5, subd. (f)(1)), and three misdemeanors. In February 2014, the trial court revoked probation in the first case, denied probation in the second case, and in both cases sentenced defendant to a total of five years in prison. Defendant’s sole objection on appeal is to the $2,400 restitution fine in the second case that the trial court stated it “set pursuant to the formula” in section 1202.4, subdivision (b)(2). That subdivision states, “In setting a felony restitution fine, the court

1 Unspecified section references are to the Penal Code. may determine the amount of the fine as the product of the minimum fine pursuant to paragraph (1) multiplied by the number of years of imprisonment the defendant is…