People v. Maravilla CA4/2

California Court of Appeal Oct 7, 2015 No. E061418Unpublished

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Holding. The court held that a trial court may not impose a second restitution fine upon the revocation of probation, and ordered the minute order modified to clarify that the subsequent reference to the fine was merely a restatement of the original order.

Issues

Whether the trial court exceeded its authority by imposing a second restitution fine 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.”

“We also order the minute order of June 26, 2014, modified to make clear only a single $300 fine is imposed under section 1202.4.”

Filed 10/7/15 P. v. Maravilla 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, E061418

v. (Super.Ct.No. FVI1304147)

ANDY JOSUE MARAVILLA, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Debra Harris,

Judge. Affirmed as modified.

Robert V. Vallandigham, Jr., under appointment by the Court of Appeal, for

Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, and Melissa Mandel and A.

Natasha Cortina, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION

Defendant and appellant, Andy Josue Maravilla, appeals from a judgment of

conviction of assault with a deadly weapon and from the order granting probation dated

May 30, 2014. He contends the trial court exceeded its authority in a subsequent

People v. Maravilla CA4/2

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

ANDY JOSUE MARAVILLA, OPINION

INTRODUCTION

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FACTUAL AND PROCEDURAL BACKGROUND

DISCUSSION

DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

RAMIREZ P. J.

MILLER J.

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