People v. Collins CA2/7

Filed 12/11/25 P. v. Collins CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B339329

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA384297) v.

PAUL DONTA COLLINS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Alison S. Matsumoto, Judge. Reversed with directions. William J. Capriola, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Jonathan Krauss and Nancy Lii Ladner, Deputy Attorneys General, for Plaintiff and Respondent. ________________________

Paul Donta Collins appeals from the superior court’s judgment after he was resentenced under Penal Code section 1172.75.1 Collins argues the superior court improperly calculated his custody credits and imposed a restitution fine under section 1202.4, subdivision (b), that is no longer enforceable or collectible. The People concede these errors. Collins also argues the superior court improperly increased a section 1202.45 restitution fine from $300 to $400 at resentencing. The People do not address this issue. We conclude the court erred, and we reverse and remand the matter with directions to recalculate Collins’s custody credits, to vacate the $400 restitution fine imposed under section 1202.4, and to vacate the $400 restitution fine imposed under section 1202.45 and impose and suspend the original $300 fine. In 2014, Collins pleaded no contest to driving under the influence causing great bodily injury. (Veh. Code, § 23153, subd. (a).) He admitted four separate great bodily injury allegations (§ 12022.7, subd. (a)) and admitted having suffered a prior strike conviction (§§ 667, subds. (b)-(i); 1170.12), a prior serious felony conviction (§ 667, subd. (a)(1)), and a prior prison term (§ 667.5, subd. (b)). The trial court sentenced Collins to a total of 24 years in state prison with 1,737 days of custody credit (1,511 actual days plus 226 days conduct credit). The court further ordered Collins to pay a $300 restitution fine (§ 1202.4, subd. (b)); a $300 parole revocation restitution fine, suspended pending successful completion of parole (§ 1202.45); a $40 court security fee (§ 1465.8); a $30 criminal conviction fee (Gov. Code,