P. v. Carmona CA3

Filed 8/18/14 P. v Carmona CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C074698

Plaintiff and Respondent, (Super. Ct. Nos. 09F03733, 13F01300) v.

LISA MARIE CARMONA,

Defendant and Appellant.

Defendant Lisa Marie Carmona pleaded no contest to assault likely to produce great bodily injury, which resulted in a probation violation. On appeal, she contends the court erroneously increased restitution fines previously imposed. She also asks this court to correct various clerical errors in the original probation order and various internal court records (minute orders). The People agree with defendant as to all her claims. Our inspection of the record reveals no inappropriate increase in restitution fines by the trial court, only errors in various written orders, including the probation order and abstract of judgment. We note the disputed fines were not orally ordered imposed or

1

executed, and shall modify the judgment accordingly. For reasons we explain post, we decline to order any corrections to the original probation order and minute orders not resulting from the sentence that is the proper subject of this appeal, but will advise the trial court to ensure that its own minutes correctly reflect its orders. PROCEDURAL BACKGROUND Case No. 09F03733 (drug case) Defendant was charged in 2009 with possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count one); resisting an officer (Pen. Code, § 148, subd. (a)(1); count two);1 and driving a vehicle on a suspended or revoked license (Veh. Code, § 14601.5, subd. (a); count three). As to count three, it was further alleged that defendant had suffered three prior convictions. Defendant pleaded no contest to all counts in exchange for dismissal of another case and a stipulated sentence--five years of formal probation with service of 120 days in county jail as a condition thereof. The trial court orally ordered defendant to pay a $200 restitution fine (§ 1202.4, subd. (b)) and a $200 probation revocation fine (§ 1202.44), stayed unless probation was revoked, and waived all discretionary fees. The $200 amount is incorrectly reflected in the resulting order of probation as $400. Case No. 13F01300 (assault case) In 2013, while still on probation for the drug case, defendant was charged with attempted murder (§§ 664/187, subd. (a); count one); assault by means of force likely to produce great bodily injury (GBI) (§ 245, subd. (a)(4); count two); and criminal threats (§ 422; count three). As to the first two counts, it was alleged defendant had personally inflicted GBI on the victim. (§ 12022.7, subd. (a).) Defendant pleaded no contest to assault with intent to cause GBI and admitted the GBI enhancement in exchange for a