P. v. Wright
After a court trial, appellant David Thomas Wright was convicted of first degree murder. (Pen. Code, 187, subd. (a).) The trial court found true the allegations that appellant committed the murder while engaged in the commission of sodomy ( 190.2, subd. (a)(17)), and that appellant had suffered a prior conviction of a serious or violent felony within the meaning of section 1170.12, subdivisions (a) through (d) and section 667, subdivisions (b) through (i). The trial court sentenced appellant to life in prison without the possibility of parole (LWOP).
Appellant contends, and respondent concedes, that the abstract of judgment must be amended to delete reference to a parole revocation fine pursuant to section 1202.45.
The oral pronouncement of judgment reveals that the trial court did not impose such a fine. In any event, such a fine would have been in error, since the trial court sentenced appellant to LWOP. (See People v. Oganesyan (1999) 70 Cal.App.4th 1178, 1183.) The judgment is affirmed.
Comments on P. v. Wright