People v. Goodman CA3

Filed 10/28/13 P. v. Goodman CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Nevada) ----

THE PEOPLE, C073068

Plaintiff and Respondent, (Super. Ct. No. SF11388)

v.

KIRK IVEN GOODMAN,

Defendant and Appellant.

Defendant Kirk Iven Goodman pled no contest to continuous sexual abuse of a child under age 14, four counts of lewd acts with a child under age 14, and contributing to the delinquency of a minor. In exchange, 31 related counts were dismissed. Defendant was sentenced to prison for 24 years and to jail on one count for time already served. He was ordered to pay, among other things, a $1,320 restitution fine, a $1,320 restitution fine suspended unless parole is revoked, and a $2,000 restitution payment to the Victim Compensation and Government Claims Board. Defendant obtained a certificate of probable cause.

1

On appeal, defendant contends the restitution fines and victim restitution (payable to the Victim Compensation and Government Claims Board) must be reduced to $240 each, the amount specified in the plea agreement. We agree the fines must be reduced and modify the judgment accordingly. FACTS The facts of defendant‟s offenses are not at issue and need not be set forth in this opinion. DISCUSSION I Restitution Defendant contends the restitution fines and victim restitution (payable to the Victim Compensation and Government Claims Board) must be reduced to $240 each, the amount specified in the plea agreement. We conclude that, following entry of the plea, defendant agreed to a greater victim restitution payment but did not agree to greater restitution fines. Thus, only the restitution fines must be modified. A Restitution Fines On October 18, 2012, defendant completed a seven page “Plea Form, with Explanations and Waiver of Rights - Felony.” Under “Restitution, Statutory Fees, and Assessments,” the plea form stated that the court would order defendant to pay, among other things, “$240 to the Victim Restitution Fund (between $200 and $10,000)” and “$240 restitution to the State of California, Victims of Crime Fund.” The form indicated that defendant would be ordered to pay victim restitution and “court security fees” in amounts to be determined (“TBD”). At the change-of-plea hearing on October 19, 2012, the trial court reviewed with defendant the terms of the plea agreement as indicated by the plea form. Defendant stated he had reviewed the entire plea form with his attorney and understood everything