People v. Jones CA3

Filed 5/27/22 P. v. Jones CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yuba) ----

THE PEOPLE, C094085

Plaintiff and Respondent, (Super. Ct. No. CRF2002403)

v.

SHAWN MICHAEL JONES,

Defendant and Appellant.

Defendant Shawn Michael Jones entered a negotiated plea of no contest to five sex-related offenses against five minors. He was sentenced to the stipulated prison term of 14 years eight months. Defendant contends on appeal the trial court erred in imposing a restitution fine of $4,200 pursuant to Penal Code section 1202.4, subdivision (b), after he agreed in his written plea agreement to a restitution fine of only $300.1 The People concede that defendant is entitled to the relief he seeks.

1 Further undesignated statutory references are to the Penal Code.

1

I. BACKGROUND The facts underlying defendant’s crimes are not relevant to the issue on appeal. It suffices to say that defendant pled no contest to one count of lewd acts upon a minor under the age of 14, by way of force, violence, duress, menace, or threat (§ 288, subd. (b)(1)—count II); three counts of lewd acts upon a minor under the age of 14 (§ 288, subd. (a)—counts V, VI & VII); and one count of lewd acts upon a 14- or 15- year-old child who was at least 10 years younger than defendant (§ 288, subd. (c)(1)— count VIII). As part of his plea agreement, defendant agreed to pay a $300 restitution fine to the “Victim Restitution Fund.” During his plea hearing, and in apparent response to the probation department’s recommendation of a $4,200 restitution fine, defense counsel asked the court to impose “reduced restitution fines given [his] client’s indigent status.” At no time during the hearing was defendant given a section 1192.5 admonition.2 In exchange for his plea, defendant was promised a prison term of 14 years eight months, and the remaining counts were dismissed. At the sentencing hearing before a second judge, defendant was sentenced to the stipulated prison term of 14 years eight months, computed as follows: On count II, the upper term of 10 years was imposed; on counts V and VI, two years consecutive was imposed for each count; on count VII, a three year concurrent term was imposed; and on count VIII, an eight month consecutive term was imposed. Additionally, a restitution fine of $4,200 was imposed pursuant to section 1202.4, subdivision (b), as well as a corresponding parole revocation fine of $4,200 pursuant to section 1202.45, which was stayed pending successful completion of parole. The court reasoned: “The Court