People v. Vega CA5

Filed 3/24/25 P. v. Vega CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F087523 Plaintiff and Respondent, (Super. Ct. No. MCR054692) v.

JOAQUIN RAMIREZ VEGA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Madera County. Sosi Chitakian Vogt, Judge. Jared G. Coleman, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Darren K. Indermill and Erin Doering, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P. J., Meehan, J. and Fain, J.† † Judge of the Fresno Superior Court, assigned by the Chief Justice pursuant to article VI, section 6 of the California Constitution.

Defendant Joaquin Ramirez Vega appealed following his conviction by plea. His sole claim relates to the trial court’s imposition of discretionary fines under Penal Code sections 672 and 294, subdivision (a),1 which he argues was an abuse of discretion because it violated the terms of his plea agreement. For the reasons that follow, we disagree and affirm the judgment. PROCEDURAL BACKGROUND In 2017, for crimes committed against his daughter and two stepdaughters, defendant was charged with four counts of committing a lewd or lascivious on a child under the age of 14 years (§ 288, subd. (a); counts 1, 2, 4, 5) and one count of continuous sexual abuse of a child (§ 288.5, subd. (a); count 3). The operative information also alleged an extension of the statute of limitations (§ 803, subd. (f)(1)), and a multiple- victims special circumstance under the One Strike sentencing law (§ 667.61, subds. (b), (e)). In December 2023, defendant pleaded guilty to two counts of committing a lewd or lascivious act on a child under the age of 14 years (§ 288, subd. (a); counts 1, 4) and one count of continuous sexual abuse of a child (§ 288.5, subd. (a); count 3), for a stipulated term of 20 years in prison. In January 2024, in accordance with the plea agreement, the trial court sentenced defendant to the middle term of six years on count 1, a consecutive middle term of 12 years on count 3, and a consecutive term of two years on count 4. The court also ordered defendant to register under section 290, and imposed a restitution fine of $300 (§ 1202.4, subd. (b)); a parole revocation restitution fine of $300, suspended (§ 1202.45, subds. (a), (b)); a fine of $890 (§ 672); a fine of $1,230 (§ 290.3); and a fine of $820 (§ 294, subd. (a)).