People v. Trejo CA2/6

Filed 4/11/14 P. v. Trejo CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.111.5.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B249464 (Super. Ct. No. VA128560) Plaintiff and Respondent, (Los Angeles County) MODIFICATION OF OPINION ON v. DENIAL OF REHEARING (Change in Judgment) OSCAR ALBERTO TREJO, Defendant and Appellant.

THE COURT; It is ordered that the opinion filed herein on March 20, 2014, be modified as follows: On Page 3, line 6 under the caption Restitution Fine delete the words "parole revocation" and insert in their place "mandatory supervision revocation restitution." The sentence will then read: We accordingly modify the judgment to reflect that a $280 revocation fine and $280 mandatory supervision revocation restitution fine were imposed. On page 3 after the last sentence before the caption Conclusion add as footnote 2 the follows: Appellant, in his petition for rehearing, argues that he was sentenced to county jail under the Criminal Justice Realignment Act (Stats 2011, ch. 15, § 1) and is not subject to a parole revocation restitution fine. (See People v. Cruz (2012) 207 Cal.App.4th 664, 672, fn. 6.) Effective January 1, 2013, section 1202.45, subdivision (b) was amended to provide for a mandatory supervision revocation restitution fine. (Stats 2012, ch. 762, § 1; see People v. Isaac (2014) 224 Cal.App.4th 143, 146-147.) Appellant committed the offenses and was sentenced after the statutory amendment.

On page 3 line 5 after the caption Conclusion delete the words "parole revocation" and insert in their place "mandatory supervision revocation restitution." The sentence will then read: (4) the imposition of a $280 restitution fine (§ 1202.4, subd. (b)(`1) and a $280 mandatory supervision revocation restitution fine (§ 1202.45 . . . This modification changes the judgment. Appellant's petition for rehearing is denied. NOT FOR PUBLICATION

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Filed 3/20/14 P. v. Trejo CA2/6 (unmodified version) NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 8.111.5.