P. v. Herrera
After pleading no contest to disturbing the peace by fighting (Pen. Code, 415, subd. (1))[1]and admitting the offense was committed for the benefit of a street gang within the meaning of section 186.22, subdivision (d), the trial court placed defendant Ivan Alejandro Herrera on formal probation for three years and imposed numerous conditions of probation. The court ordered defendant to serve 180 days in county jail but stayed imposition to gauge defendants performance on probation. When defendant violated the terms of his probation, the court revoked defendants probation and sentenced him to two years in state prison. On appeal, defendant contends the trial court erred in imposing a duplicate restitution fine. Finding an error in the abstract of judgment, Court direct the trial court to amend the abstract of judgment but otherwise affirm the judgment.
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