P. v. Banales
A jury convicted defendant Mario German Banales of unlawful driving or taking of a vehicle (Veh. Code, § 10851, subd. (a); count 1) and of receiving a stolen motor vehicle (Pen.[1] Code, § 496d, subd. (a); count 2). In a bifurcated proceeding, the trial court found Banales had two prison priors within the meaning of section 667.5, subdivision (b), struck one of those priors and sentenced Banales to state prison for four years.
Banales raises three issues in this proceeding. First, he contends the sentencing court's order requiring him to pay $240 in restitution pursuant to section 1202.4, subdivision (b)(1) violated the constitutional prohibition against the ex post facto application of a law because the statutory minimum at the time he committed the instant offenses was $200 and because the court allegedly intended to impose the statutory minimum. Second, he contends the court erred in imposing an order preventing him from entering the premises of the Brawley Elementary School District (district) because he was denied probation. Finally, he contends the court erred in ordering him to pay $100 in court-appointed attorney fees pursuant to section 987.8.
As we explain, we agree with Banales's contention that the order to stay away from the premises of the district be stricken, inasmuch as Banales was denied probation. In all other respects, we affirm Banales's judgment of conviction.
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