People v. Lloyd CA5

Filed 6/4/14 P. v. Lloyd 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F066507 Plaintiff and Respondent, (Super. Ct. Nos. F10900613, v. F11902018)

DARTHEATEURAS LLOYD, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Edward Sarkisian, Jr., Judge. William D. Farber, under appointment by the Court of Appeal, Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, and Kathleen A. McKenna, Deputy Attorney General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Kane, J. and Detjen, J.

Dartheateuras Lloyd appeals from the restitution fine and parole revocation fine imposed by the trial court pursuant to Penal Code1 sections 1202.4 and 1202.45, respectively, after the court revoked his probation. He contends the restitution and parole revocation fines originally imposed when he was granted probation survive the revocation of his probation. Therefore, he further contends, the court erred in imposing greater restitution and parole revocation fines after revoking his probation. The Attorney General concedes the trial court erred. We concur and will direct the court to correct its error. FACTUAL AND PROCEDURAL SUMMARY In February 2010, Lloyd pled no contest to inflicting corporal injury on a spouse or cohabitant (§ 273.5, subd. (a)) in case No. F10900613. The trial court suspended imposition of judgment and sentence and placed Lloyd on three years of formal probation. The court ordered Lloyd to pay a number of fees and fines, including a $100 restitution fine (§ 1202.4) and a $100 probation revocation fine to be paid if the court later revoked Lloyd’s probation (§ 1202.44). In April 2011, while on probation, Lloyd stabbed his former girlfriend multiple times. As a result, she was hospitalized and underwent surgery. Lloyd also stabbed a male who tried to intervene. In October 2012, the Fresno County District Attorney charged Lloyd, in case No. F11902018, with attempted murder (§§ 664/187, subd. (a)) (count 1), corporal injury to a cohabitant with a prior domestic violence conviction (§ 273.5, subd. (e)(1)) (count 2), assault with a deadly weapon (§ 245, subd. (a)(1)) (counts 3 and 4), and contempt of court (§ 166, subd. (c)(1)) (count 5). Counts 1 and 2 included allegations that Lloyd personally used a deadly weapon (§ 12022, subd. (b)(1)). Counts 1 through 3 included allegations that Lloyd personally inflicted great bodily injury on the victim under