People v. Maravilla CA4/2

INTRODUCTION

Defendant and appellant, Andy Josue Maravilla, appeals from a judgment of

conviction of assault with a deadly weapon and from the order granting probation dated

May 30, 2014. He contends the trial court exceeded its authority in a subsequent

probation revocation proceeding when it imposed a restitution fine pursuant to Penal

Code section 1202.4,1 in addition to the restitution fine ordered in the judgment from

which he appeals. The People agree that a second restitution fine would be unauthorized.

However, the People argue that this court need not strike either fine because the notation

in the minute order for the revocation hearing merely reflects the fine imposed at the

sentencing hearing, rather than improperly imposing a second parole revocation fine. We

exercise our discretion to treat the notice of appeal as timely filed regarding the second

restitution fine and order the minute order modified to clarify that it is a mere restatement

of the fine imposed earlier.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant was charged with, and convicted by a jury of, assault with a deadly

weapon. (§ 245, subd. (a)(1).) At sentencing on May 30, 2014, he was granted…