People v. Dellinger CA5

Filed 9/19/16 P. v. Dellinger CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F071774 Plaintiff and Respondent, (Super. Ct. No. CRF30107) v.

JOHN L. DELLINGER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tuolumne County. James A. Boscoe, Judge. Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Ward A. Campbell, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Detjen, J. and Smith, J.

Defendant John L. Dellinger contends on appeal that (1) the trial court erred by increasing his restitution and parole revocation fines, and (2) the abstract of judgment does not reflect the oral pronouncement of judgment. The People concede and we agree. We order the errors corrected and affirm as modified. PROCEDURAL SUMMARY On September 1, 2009, defendant pled guilty to two counts of inflicting corporal injury upon a former cohabitant (Pen. Code, § 273.5, subd. (a))1 and one count of false imprisonment by violence (§ 236). He admitted he was on bail when he committed two of the counts (§ 12022.1). On September 28, 2009, the trial court suspended imposition of sentence and granted defendant five years’ probation. The court also ordered defendant to pay a $1,000 restitution fine (§ 1202.4, subd. (b)) and a matching suspended $1,000 probation revocation fine (§ 1202.44), as recommended by the probation officer’s report. On December 20, 2013, defendant admitted violating probation. On June 3, 2015, at the sentencing hearing, the trial court denied reinstatement of probation and sentenced defendant to four years eight months in prison. The court also ordered defendant to pay a $1,200 restitution fine (§ 1202.4, subd. (b)) and a matching suspended $1,200 parole revocation fine (§ 1202.45). In addition, the court awarded custody credits of 379 actual days and 379 conduct days for a total of 758 days. On June 9, 2015, the trial court modified the custody credits to 385 actual days and 385 conduct days, for a total of 770 days. On June 11, 2015, the abstract of judgment was filed. It reflects the $1,200 fines and custody credits of 379 actual days and 379 conduct days, for a total of 758 days.