P.

P. v. Zuniga CA4/3

Good Law
Court of Appeal of CaliforniaApril 19, 2013G046419California1,449 words

Opinion

Opinion

Fybel, J.

INTRODUCTION

Defendant Adrian Garduno Zuniga was convicted of possessing and transporting a controlled substance, and pled guilty to driving with a suspended license. Defendant does not challenge his convictions; the only issues raised on appeal are related to defendant’s sentence. First, defendant argues, and the Attorney General concedes, that the trial court imposed an invalid restitution fine. We will order the judgment modified to reflect the correct fine amount. Second, defendant argues the trial court incorrectly calculated his presentence custody credits. We agree, and remand the matter to the trial court to make a correct award of presentence custody credits. Finally, defendant argues the trial court erred by ordering him to pay reasonable probation costs without first determining his ability to pay. We agree, and remand to allow the trial court to make a determination of defendant’s ability to pay reasonable probation costs.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Because the issues raised on appeal by defendant are unrelated to the specifics of the underlying crimes, we provide an abbreviated summary of the relevant facts. Defendant was arrested after a police…

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