P. v. Cadotte
Defendant Thomas Joseph Cadotte pled guilty to one count of transportation of a controlled substance (Health & Saf. Code, 11379, subd. (a)) and admitted a prior conviction within the meaning of Penal Code section 1170.12, subdivisions (a) through (d) and a prior controlled substance conviction within the meaning of Health and Safety Code section 11370.2, subdivision (c) in exchange for dismissal of the remaining counts and allegations with a Harvey[1]waiver and a maximum sentence of 11 years in state prison. The court denied probation, sentenced defendant to nine years in state prison, awarded custody credits, and ordered that defendant pay fees and fines, including a $600 restitution fine (Pen. Code, 1202.4, subd. (b)) and a $600 parole revocation fine, stayed pending successful completion of parole (Pen. Code, 1202.45). On appeal, defendant contends: (1) the $600 restitution fine violated the plea agreement, and (2) the abstract of judgment must be amended to specifically identify each of the fees and fines imposed. Court affirm the judgment and shall direct the trial court to amend the abstract of judgment to specify the fees and fines imposed.
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