People v. Evans CA4/1

Filed 7/6/22 P. v. Evans CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D078913

Plaintiff and Respondent,

v. (Super. Ct. No. SCN366376)

TORREY CRAIG EVANS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Brad A. Weinreb, Jr., Judge. Affirmed as modified. Shay Dinata-Hanson, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Collette C. Cavalier and Nora S. Weyl, Deputy Attorneys General, for Plaintiff and Respondent.

Torrey Craig Evans pleaded guilty to one count of first-degree burglary.

(Pen. Code, §§ 459, 460, 667.5.1) In accordance with his plea agreement, the trial court placed Evans on formal probation for three years and imposed a restitution fine of $300. The trial court later revoked Evans’s probation after he violated the probation conditions for the third time. Upon revocation, the court also imposed an additional restitution fine under section 1202.4, subdivision (b), of $1,800. On appeal, Evans contends that the trial court improperly imposed the second restitution fine and abused its discretion in revoking his probation. We accept the People’s concession that the court exceeded its authority in imposing the second restitution fine. We reject, however, Evans’s assertion that the court abused its discretion by revoking his probation. Accordingly, we strike the unauthorized restitution fine but otherwise affirm the trial court’s judgment. FACTUAL AND PROCEDURAL BACKGROUND In 2017, Evans pleaded guilty to first-degree burglary. Thereafter, in accordance with the plea agreement, the trial court sentenced Evans to six years in prison but stayed the execution of the prison term pending successful completion of three years of formal probation. The trial court also imposed a restitution fine of $300 under section 1202.4, subdivision (b). In 2018, eighteen months after his conviction, Evans’s probation was revoked for two alleged violations of the probation conditions: Evans knowingly used controlled substances, including methamphetamine and amphetamine, and he failed to report to the probation officer as directed. The court held an order to show cause (OSC) hearing, where Evans admitted both