People v. Norman CA3

Filed 5/7/15 P. v. Norman CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C073736

Plaintiff and Respondent, (Super. Ct. No. 10F01075)

v.

JERRIN NORMAN,

Defendant and Appellant.

The trial court found defendant Jerrin Norman in violation of probation, sentenced him to six years in state prison, and imposed various fees and fines. On appeal, defendant contends the trial court abused its discretion in imposing an upper-term sentence in violation of California Rules of Court, rule 4.435(b)(1) (hereafter rule 4.435(b)(1))1. He further contends, and the People concede, the restitution and

1 Rule 4.435(b)(1) provides: “(b) On revocation and termination of probation under section 1203.2, when the sentencing judge determines that the defendant will be committed to prison: [¶] (1) If the imposition of sentence was previously suspended, the judge must impose judgment and sentence after considering any findings previously

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parole revocation fines (Pen. Code, §§ 1202.4, 1202.45) must be reduced to the statutory minimum amounts in effect at the time of imposition of sentence.2 Accepting the People’s concession as to the fines, we modify the judgment and otherwise affirm the judgment as modified. FACTUAL AND PROCEDURAL BACKGROUND Underlying Crime On September 3, 2010, defendant was charged by amended complaint in case No. 10F01075 with attempted murder (§§ 664/187, subd. (a)—count one), assault with a semiautomatic firearm (§ 245, subd. (b)—count two), assault with a firearm (§ 245, subd. (a)(2)—count three), discharge of a firearm at an inhabited dwelling (§ 246— count four), and two counts of possession of a concealable weapon (§ 12025, subd. (b)(6)—counts six and seven). The complaint also alleged as to counts one, two, three, four, and seven that defendant committed the offenses while released from custody on a primary offense in case No. 08F08346 (§ 12022.1), and, as to all counts, that defendant committed the offenses for the benefit of, at the direction of, and in association with a criminal street gang (§ 186.22, subd. (b)(1)). On December 10, 2010, defendant entered a negotiated plea of no contest to one count of possession of a concealable weapon (count six) and admitted the gang enhancement in exchange for dismissal of all remaining charges and allegations against him (including pending case No. 08F08346), and a stipulated grant of five years’ formal probation, plus one year in county jail with credit for time served. The factual basis for