People v. Parker CA3

Filed 12/23/25 P. v. Parker CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Tehama) ----

THE PEOPLE, C102344

Plaintiff and Respondent, (Super. Ct. Nos. 24CR000268, 24CR001210) v.

GAVIN CHRISTOPHER PARKER,

Defendant and Appellant.

Appointed counsel for defendant Gavin Christopher Parker filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436, raising no issues on appeal and asking this court to independently review the record. Upon review of the record, we ordered the parties to file supplemental briefs addressing whether the trial court’s imposition of two $600 restitution fines reflected a misunderstanding of the minimum fine provided under

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Penal Code section 1202.4, subdivision (b)(1).1 Both parties filed supplemental briefs and agreed that this court should modify the judgments to give effect to the trial court’s intention to impose the minimum fine, which is $300. We agree as well and will modify the judgments to impose a $300 restitution fine and a corresponding $300 suspended parole revocation restitution fine in each of the two cases before us. We will affirm the judgments as modified.

BACKGROUND A complaint filed in case No. 24CR000268 (the criminal threats case) charged Parker with inflicting corporal injury on a person with whom he was in a dating relationship (§ 273.5, subd. (a); count I), criminal threats (§ 422, subd. (a); count II), kidnapping (§ 207, subd. (a); count III), possession of a firearm by a felon (§ 29800, subd. (a)(1); count IV), unlawful possession of ammunition (§ 30305, subd. (a)(1); count V), and false imprisonment (§ 236; count VI). The complaint was later amended to include an allegation as to counts I-V that Parker had suffered a prior strike conviction for criminal threats in 2019 (§§ 422, subd. (a), 667, subds. (b)-(i), 1170.12). The amended complaint also alleged as to counts II and III that Parker had suffered a prior serious felony conviction (§ 667, subd. (a)(1)). A complaint filed in case No. 24CR001210 (the reckless driving case) charged Parker with fleeing a peace officer while driving recklessly (Veh. Code, § 2800.2, subd. (a); count I), bringing contraband into jail (§ 4573, subd. (a); count II), and possessing a controlled substance (Health & Saf. Code, § 11377, subd. (a); count III). The complaint was later amended to include an allegation as to counts I and II that Parker had suffered a prior strike for criminal threats in 2019 (§§ 422, subd. (a), 667, subds. (b)- (i), 1170.12).