People v. Butler

*1348 Opinion

I. INTRODUCTION

A jury convicted defendant, Samuel Butler, of misdemeanor false imprisonment (Pen. Code, § 236) 1 and felony resisting an executive officer (§ 69). Defendant was sentenced to concurrent terms totaling two years in the county jail. Prior to the amendments resulting from the Criminal Justice Realignment Act of 2011, former section 1202.45 required imposition and stay of a parole revocation restitution fine on defendants sentenced to prison. As we shall explain, section 1202.45 has since been amended to provide for parole, postrelease community supervision or mandatory supervision revocation restitution fines. (§ 1202.45, subds. (a)-(b).) The trial court imposed what is characterized in the record as a section 1202.45 revocation fine. In the published portion of the opinion, we conclude no type of section 1202.45, subdivisions (a) and (b) revocation restitution fine could have been imposed. We modify the judgment and affirm it as modified.

II. THE EVIDENCE

On April 13, 2014, defendant was arrested following a fight with his wife, Milagros Vasquez. Ms. Vasquez, a reluctant witness, testified as follows. Defendant was not living with Ms. Vasquez at…