P. v. Ibarra
Appellant Adolfo Muniz Ibarra was charged by information with two counts of felony child endangerment (Pen. Code,[1] 273a, subd. (a); counts 1-2). With respect to count 1, the information further alleged appellant inflicted great bodily injury on a child under the age of five ( 12022.7, subd. (d)). A jury subsequently convicted appellant of child endangerment under count 2 but was unable to return a verdict on count 1; count 1 was later dismissed on the prosecutions motion. The sentencing minute order and abstract of judgment reflect that appellant was sentenced to the middle term of four years on count 2 and ordered to pay a restitution fine of $1200 ( 1202.4) and a parole revocation fine ( 1202.45) in the same amount. The court suspended the section 1202.45 fine pending successful completion of parole. As Court conclude the trial courts failure to pronounce sentence on count 2 constituted an unauthorized sentence, Court remand for resentencing and direct the court to make an oral pronouncement of sentence on count 2. We also agree with the parties that the restitution fine must be reduced to $400. Although the point has not been raised by the parties on appeal, it necessarily follows the imposition of the $1200 parole revocation fine was unauthorized and the amount of that fine must be reduced to $400 to reflect the amount of the restitution fine. Court direct the trial court to amend the judgment accordingly.
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