Opinion
E032529.
11-4-2003
THE PEOPLE, Plaintiff and Respondent, v. DAVID V. GALAVIZ, Defendant and Appellant.
Rebecca P. Jones, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Gil P. Gonzalez, Supervising Deputy Attorney General, and Stacy A. Tyler, Deputy Attorney General, for Plaintiff and Respondent.
Pursuant to a plea bargain, defendant pled guilty to attempted murder (Pen. Code,[] §§ 187, 664) and admitted personal firearm use (§ 12022.5) and criminal street gang (§ 186.22, subd. (b)(4)) allegations. The court sentenced him to state prison for life with the possibility of parole, plus a consecutive 10-year sentence. The court also imposed a $10,000 restitution fine pursuant to section 1202.4, subdivision (b). While the court did not impose a parole revocation fine in the same amount pursuant to section 1202.45, the minute order indicates that the court imposed a $20,000 fine pursuant to section 1202.45.
On appeal, defendant contends and the People correctly concede that the $20,000 parole revocation fine must be reduced to $10,000.
Section 1202.45 provides: "In every case where a person is convicted of a crime and whose sentence includes a period of parole, the court shall at the time of imposing the restitution fine pursuant to subdivision (b) of Section 1202.4, assess an additional restitution fine in the same amount as that imposed pursuant to subdivision (b) of Section 1202.4. This additional restitution fine shall be suspended unless the persons parole is revoked."
Defendants sentence includes a period of parole should he be released before the end of his life. Therefore, a parole revocation fine is mandatory. The $20,000 parole revocation fine reflected in the minute order is not in accordance with the law because the court imposed a $10,000 restitution fine pursuant to section 1202.4, subdivision (b). Accordingly, the $ 20,000 parole revocation fine constitutes an unauthorized sentence (People v. Andrade (2002) 100 Cal.App.4th 351, 354) and must be reduced to $10,000 pursuant to section 1202.45.
DISPOSITION
The judgment is modified to reflect a $10,000 parole revocation fine. (Pen. Code, § 1202.45.) In all other respects, the judgment is affirmed. The trial court is directed to amend the abstract of judgment and its minute order so as to reflect this modification and to forward a certified copy of the amended abstract of judgment to the Director of the Department of Corrections. (§§ 1213, 1216.)
We concur: WARD J. and KING J. --------------- Notes: All statutory references are to the Penal Code unless otherwise indicated.