P. v. Roalston
On April 8, 2003, the District Attorney for Los Angeles County filed a complaint alleging that defendant unlawfully possessed an assault weapon in violation of Penal Code section 12280, subdivision (b). On July 9, 2003, pursuant to a plea agreement, defendant pleaded guilty to the complaint. The trial court sentenced defendant to three years in state prison, suspended imposition of sentence, and placed defendant on probation for three years. The trial court awarded defendant seven days of presentence credit, and imposed a $200 restitution fine (S 1202.4, subd. (b)).
On November 3, 2005, defendant was arrested for a probation violation. On February 6, 2006, defendant admitted that he violated his probation. The trial court revoked defendant's probation and imposed the suspended three year sentence. The trial court granted defendant 151 days of presentence credit, and imposed a $600 restitution fine, an increase from the $200 fine the trial court imposed when it granted probation.
In his notice of appeal, defendant raises as an issue the failure to grant him an additional 462 days of actual credit for time he allegedly spent in custody in other cases while he was on probation in this case. Court appointed counsel to represent defendant in this appeal. (People v. Wende (1979) 25 Cal.3d 436).
Court reviewed the record and requested supplemental briefing from the parties addressing the issue of whether the trial court had improperly increased defendant's restitution fine from $200 to $600. Because the trial court erred when it increased defendant's restitution fine and the corresponding parole revocation restitution fine (S 1202.45), Court order the abstract of judgment modified to reflect a restitution fine of $200 and a corresponding suspended parole revocation restitution fine of $200.
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