P. v. Heisser
Defendant and appellant Derrick Ashley Heisser was convicted of burglary (count 1—Pen. Code, § 459;[1] super. court case No. RIF145932) and was found in violation of his probation (super. court case No. SWF029850). On May 25, 2010, the court granted defendant 60 months of probation, ordered a restitution fine of $200, and a probation revocation fine of $200, which it stayed.
On June 18, 2012, the People charged defendant with felony possession of a firearm by a prohibited individual (count 1—§ 25850, subd. (c)), possession of a firearm by one addicted to a narcotic (count 2—§ 29800, subd. (a)(1)), and possession of ammunition by a prohibited person (count 3—§ 30305, subd. (a).[2] The People additionally charged defendant with a violation of probation.
On August 30, 2012, defendant pled guilty to count 1 and admitted a violation of his probation. The court revoked defendant’s probation and sentenced him to serve 16 months in state prison. As to defendant’s conviction in the substantive count in case No. RIF1203073, the court imposed a restitution fine of $240 and a parole revocation fine of $240.[3]
As to the probation revocation case, the court noted it was “Imposing all of the fees previously imposed[.]†The minute order for the order revoking defendant’s probation reflects imposition of a restitution fine of $240 and a parole revocation fine of $240.
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