P. v. Rosales
After participating in an attack on a fourteen year old girl at their high school, adult defendants Yolanda Rosales and Revae Alexandra Cuevas were both convicted by jury trial of one count of assault by means of force likely to cause great bodily injury in violation of Penal Code section 245, subdivision (a)(1).[1] The jury also found true that each defendant had committed the crime for the benefit of a criminal street gang. (§ 186.22, subd. (b)(1)(A).) Rosales and Cuevas were each placed on three years probation, and ordered to serve 10 months in the county jail. The court imposed various conditions of probation, including that each defendant “not be adjacent to any school campus during school hours unless†enrolled or with prior permission of the school administrator or the probation department. The court also imposed on each defendant a pre-sentence investigation fee of $300 and a monthly probation supervision fee of $110, both under section 1203.1b. According to the oral pronouncement of sentence, the court further imposed a restitution fund fine under section 1202.4, subdivision (b) in the minimum amount of $200,[2] along with a $20 administration fee under section 1202.4, subdivision (l), and a probation revocation fine of $200 under section 1202.44, suspended.[3] But the clerk’s minutes incorrectly reflect both the restitution fund fine and the probation revocation fine at $220 each.
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