People v. Gonzales CA4/2

California Court of Appeal Jan 30, 2015 No. E060795Unpublished

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Holding. The court held that the trial court erred by increasing the restitution and parole revocation fines upon the revocation of probation, as the original $240 fines survived the revocation.

Issues

Whether the trial court erred in imposing increased restitution and parole revocation fines upon the revocation of probation.

Disposition. Affirmed as modified.

Quotations verified verbatim against the opinion

“A restitution fine imposed at the time probation is granted survives the revocation of probation. Because of this, an additional restitution fine imposed at the time probation is revoked is unauthorized and must be stricken from the judgment.”

“A parole revocation fine must match the amount of the restitution fine.”

Filed 1/30/15 P. v. Gonzales CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E060795

v. (Super.Ct.No. FVA1200551)

DESIDERIO GONZALES, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Gerard S. Brown,

Judge. Affirmed as modified.

Arielle Bases, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Peter Quon, Jr. and Parag

Agrawal, Deputy Attorneys General, for Plaintiff and Respondent.

Defendant Desiderio Gonzales is serving six years in prison after having his

probation revoked. Defendant had pled guilty to domestic abuse charges and was

initially placed on probation, with the prison sentence suspended. Defendant challenges

only the imposition of a $280 restitution fine and a $280 probation revocation fine at the

People v. Gonzales CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

DESIDERIO GONZALES, OPINION

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FACTS AND PROCEDURE

DISCUSSION

DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ P. J.

CODRINGTON J.

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