P. v. Abernathy
Rick Abernathy appeals the judgment entered after he pleaded no contest to selling cocaine (Health & Saf. Code, 11352, subd. (a)) and possession of cocaine for sale (Health & Saf. Code, 11351). He admitted that he had a prior strike conviction (Pen. Code[1], 667, subds. (b)-(i), 1170.12), and that he committed the possession offense while free on bail ( 12022.1). The trial court sentenced him to 12 years in state prison, and ordered him to pay a $400 restitution fine. ( 1202.4, subd. (b).) The court also imposed but suspended a parole revocation restitution fine in the same amount. ( 1202.45.)
Appellate counsel filed a brief contending that the restitution fines were imposed in violation of his plea bargain, and must therefore be reduced to the statutory minimum of $200. Court subsequently allowed Abernathy to file a supplemental letter brief in which he asserts (1) that his plea was not knowing, intelligent, and voluntary; (2) that his strike prior was not properly considered; and (3) that his trial and appellate attorneys provided ineffective assistance of counsel. Court affirm.
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