People v. Jacopetti CA3

Filed 1/4/21 P. v. Jacopetti CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C087980 & C089164

Plaintiff and Respondent, (Super. Ct. No. 16FE011744)

v.

DENNIS JOSEPH JACOPETTI,

Defendant and Appellant.

Defendant appeals a judgment entered following his no contest pleas to two counts of grand theft (Pen. Code, § 487, subd. (a)),1 offering a false instrument for recording (§ 115, subd. (a)), and forgery (§ 470, subd. (c)) and admissions that when committing the forgery he had been out on bail (§ 12022.1) and took more than $500,000 (§ 186.11, subd. (a)). Defendant contends: (1) we must vacate certain fees in light of People v.

1 Undesignated statutory references are to the Penal Code.

1

Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas); and (2) we must strike the $300 restitution fine (§ 1202.4) and $300 parole revocation restitution fine (§ 1202.45) reflected in the minute order and on the abstract of judgment, but not orally imposed by the trial court at sentencing. We disagree with defendant’s Dueñas argument for the reasons explained herein. However, we will remand the matter so that the trial court may exercise its discretion to impose the restitution and parole revocation restitution fines. We otherwise affirm the judgment. FACTUAL AND PROCEDURAL HISTORY Defendant pleaded no contest to two counts of grand theft (§ 487, subd. (a); counts one & four), offering a false instrument for recording (§ 115, subd. (a); count two), forgery (§ 470, subd. (c), count nine), and admitted that when committing the forgery he had been out on bail (§ 12022.1) and took more than $500,000 (§ 186.11, subd. (a)). Defendant agreed to a prison sentence of 12 years and the remaining charges were dismissed with a Harvey2 waiver. The parties stipulated to the factual basis for his plea. The court denied defendant’s request for probation and sentenced him to the agreed upon aggregate term of 12 years in prison. The court waived nonmandatory fines and fees and then imposed four $40 court operations assessment fees (§ 1465.8) ($160), and four $30 conviction assessment fees (Gov. Code, § 70373) ($120). The court did not orally pronounce a restitution or a corresponding parole revocation restitution fine, but both the minute order and the abstract of judgment reflect a $300 restitution fine (§ 1202.4, subd. (b)) and a $300 suspended parole revocation restitution fine (§ 1202.45). Defendant’s motions to have his fees converted into days of imprisonment and his request to have his fines and fees stayed were denied.