P. v. Collins
Appellant Kirk Anthony Collins was charged with second degree commercial burglary (count 1) and grand theft (count 2), plus three prior convictions that had prison terms (Pen. Code, 667.5, subd. (b)).[1]
On December 13, 2007, pursuant to a plea bargain, appellant pled nolo contendere to count 1 and admitted the three prior convictions. Count 2 was dismissed. He received the middle term of two years on count 1, plus three years for the prior convictions. Execution of sentence was suspended, and he was placed on three years of formal probation. His sentence included payment of a $200 restitution fine pursuant to section 1202.4, subdivision (b) (section 1202.4(b)) and a $200 probation revocation restitution fine pursuant to section 1202.44. On October 17, 2008, after hearing evidence, the trial court found appellant in violation of probation and imposed the previously suspended five-year prison sentence. This time, it imposed a $1,000 restitution fine pursuant to section 1202.4(b) and stayed a $1,000 parole revocation restitution fine pursuant to section 1202.45.
Appellant contends that the trial court erred when it increased the amount of the restitution fine from $200 to $1,000, as the original amount of the restitution fine remained in force despite revocation of probation. Appellant also contends that the parole revocation restitution fine had to be set at that same amount, $200. (People v. Garcia (2006) 147 Cal.App.4th 913, 917; People v. Arata (2004) 118 Cal.App.4th 195, 201-203; People v.Chambers (1998) 65 Cal.App.4th 819, 821-823.) Respondent agrees. Utilizing the remedy employed in the foregoing cases, we strike the second restitution fine of $1,000, reduce the amount of the parole revocation restitution fine to $200, and order preparation of an amended abstract of judgment.
Comments on P. v. Collins