P. v. Galvan
Pursuant to a plea agreement, appellant Monte John Galvan pled no contest to attempted murder (Pen. Code, 187, 664; count 1)[1]and carrying a loaded firearm in a public place ( 12031, subd. (a)(1); count 5), and admitted enhancement allegations that in committing the former offense he personally discharged a firearm (12022.53, subd. (c)) and that in committing both offenses, he acted for the benefit of, at the direction of or in association with a criminal street gang, with the specific intent to promote, further or assist in criminal conduct by gang members ( 186.22, subd. (b)(1)(C)). The court imposed a prison term of 35 years, consisting of five years for the attempted murder, 20 years for the discharge-of-a-firearm enhancement and 10 years for the gang enhancement. The court also imposed a concurrent five-year term, consisting of two years on the count 5 offense and three years on the accompanying gang enhancement; ordered that the issue of direct victim restitution remain open; and imposed a restitution fine ( 1202.4, subd. (b)) of $4,000 and a parole revocation fine ( 1202.45) in the same amount. The court suspended the latter fine pending successful completion of parole. On appeal, appellant contends the court violated the plea agreement by imposing the fines.
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