P. v. Gomez
Defendant Eugene Jeffery Gomez pled no contest to theft from an elder or dependent adult in violation of Penal Code section 368, subdivision (d).[1] In exchange for his plea, an additional charge of fraudulent use of an access card obtained without the cardholders consent was dismissed. The trial court suspended imposition of sentence and granted defendant three years probation. Among other conditions of probation, defendant was ordered to pay a $300 restitution fine pursuant to section 1202.4, subdivision (b), and an additional $300 restitution fine (effective upon revocation of probation) pursuant to section 1202.44. On appeal, defendant contends that the trial court lacked authority to impose a no-contact order prohibiting oral contact between defendant and the victim. Defendant also contends that the trial court lacked authority to impose a second restitution fine pursuant to section 1202.4 following revocation of his probation. Court agree with both contentions, and will modify the judgment to strike the no contact order and the second restitution fine.
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