People v. Isles CA3

Filed 4/26/16 P. v. Isles CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C079012

Plaintiff and Respondent, (Super. Ct. No. 12F01979)

v.

CAMERON ISLES,

Defendant and Appellant.

The trial court imposed a $240 victim restitution fine and a probation revocation fine when it granted defendant Cameron Isles probation and suspended imposition of his sentence. (Pen. Code, §§ 1202.4, 1202.44; unless otherwise set forth, statutory section citations that follow are to the Penal Code.) The trial court later revoked probation at which time, according to the defendant the trial court imposed a second $240 victim restitution fine. We agree with the People that the trial court was simply ordering

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payment of the same fine, not imposing a second fine. We modify the judgment to lift the stay on the probation revocation fine and affirm the judgment as modified.

FACTS AND PROCEEDINGS

In 2012, defendant pleaded no contest to inflicting corporal injury resulting in a traumatic condition on his spouse or cohabitant. (§ 273.5, subds. (a) and (e)(1).) He admitted a prior conviction under section 273.5. (§ 273.5, subd. (e)(1).) The trial court placed defendant on probation for five years and imposed a $240 victim restitution fine. (§ 1202.4, subd. (a).) While, during the hearing, the trial court did not specifically say the fine was being imposed pursuant to section 1202.44, it did say it “intend[ed] to impose the minimum fees and fines, that’s . . . $240 restitution fine, $40 court security fee and then I’m gonna suspend all other fees and fines.” Presumably this included the mandatory section 1202.44 fine, with the stay to lift upon revocation of probation. (§ 1202.44.) In 2015, the court revoked defendant’s probation. Relevant to this appeal, the probation report associated with the revocation recommended defendant “pay a restitution fine as previously ordered pursuant to [] Section 1202.4 in the amount of $240. . . .” The trial court sentenced defendant to four years in prison and ordered defendant “to pay a restitution fine pursuant to [] section 1202.4 in the amount of $240. I believe that is mandatory.” The abstract of judgment lists a $240 restitution fine. The trial court failed to lift the stay on the section 1202.44 fine.