P. v. Romero
As presented in briefing, the sole issue in this case is whether the post-plea restitution fund fine of $4,700 that the trial court imposed under Penal Code section 1202.4[1] violated the terms of defendants plea bargain under People v. Walker (1991) 54 Cal.3d 1013 (Walker). We filed our original opinion affirming the trial courts judgment. (People v. Romero (March 8, 2006, H028708) [nonpub. opn.].) That opinion concluded that because defendants plea bargain did not include any provision concerning the mandatory restitution fund fine, and because it appeared that the amount of the fine was left to the discretion of the trial court, defendant had not demonstrated that the fine exceeded his bargain. But based on the parties agreement and the supporting record that the abstract of judgment mistakenly stated the amount of the restitution fund fine to be $4,800, $100 in excess of what was intended, Court also modified the abstract to correct this error.
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