People v. Jones CA3

I. BACKGROUND

The facts underlying defendant’s crimes are not relevant to the issue on appeal. It suffices to say that defendant pled no contest to one count of lewd acts upon a minor under the age of 14, by way of force, violence, duress, menace, or threat (§ 288, subd. (b)(1)—count II); three counts of lewd acts upon a minor under the age of 14 (§ 288, subd. (a)—counts V, VI & VII); and one count of lewd acts upon a 14- or 15- year-old child who was at least 10 years younger than defendant (§ 288, subd. (c)(1)— count VIII). As part of his plea agreement, defendant agreed to pay a $300 restitution fine to the “Victim Restitution Fund.” During his plea hearing, and in apparent response to the probation department’s recommendation of a $4,200 restitution fine, defense counsel asked the court to impose “reduced restitution fines given [his] client’s indigent status.” At no time during the hearing was defendant given a section 1192.5 admonition.2 In exchange for his plea, defendant was promised a prison term of 14 years eight months, and the remaining counts were dismissed. At the sentencing hearing before a second judge, defendant was sentenced to the stipulated prison term of 14…