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People v. Mendoza

California Court of Appeals, Fourth District, First Division
Mar 10, 2009
No. D053175 (Cal. Ct. App. Mar. 10, 2009)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. VICTOR MANUEL MENDOZA, Defendant and Appellant. D053175 California Court of Appeal, Fourth District, First Division March 10, 2009

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County, No. SCD200151 Frederick Maguire, Judge.

NARES, Acting P. J.

In 2006 Victor Mendoza entered a negotiated guilty plea to theft from an elder (Pen. Code, § 368, subd. (d)). The court placed him on three years' probation, imposed a $200 restitution fine (§ 1202.4, subd. (b)) and suspended a $200 probation revocation fine (§ 1202.44). In 2008 the court revoked probation, sentenced Mendoza to the three-year middle prison term, and suspended criminal proceedings (Welf. & Inst. Code, § 3051). It imposed a $600 restitution fine, suspended a $600 parole revocation fine (§ 1202.45), and awarded 211 days' credit plus 104 days' section 4019 credit for a total of 315 days. Mendoza appeals.

All further statutory references are to the Penal Code unless otherwise specified.

Mendoza first contends the court lacked authority to impose the $600 restitution and parole revocation fines because it originally imposed $200 restitution and probation revocation fines. (People v. Chambers (1998) 65 Cal.App.4th 819, 821-823; People v. Downey (2000) 82 Cal.App.4th 899, 921-922; People v. Johnson (2003) 114 Cal.App.4th 284, 306-308.) The People properly concede the point. We accordingly modify the judgment to reflect a $200 restitution fine and a $200 parole revocation fine in place of the $600 fines.

Mendoza next contends the court should have awarded him 224 days' credit plus 112 days' section 4019 credit for a total of 336 days. The People properly concede the point. Mendoza was in custody in this case from July 14 to October 3, 2006; from April 10 to April 16, 2007; from October 15, 2007 to January 20, 2008; and from April 14 to May 20, 2008, a total of 224 days.

DISPOSITION

The judgment is modified to reflect a $200 restitution fine (§ 1202.4, subd. (b)), a $200 parole revocation fine (§ 1202.45) in place of the $600 fines, and 224 days' credit plus 112 days' section 4019 credit for a total of 336 days.

WE CONCUR: McDONALD, J., O'ROURKE, J.


Summaries of

People v. Mendoza

California Court of Appeals, Fourth District, First Division
Mar 10, 2009
No. D053175 (Cal. Ct. App. Mar. 10, 2009)
Case details for

People v. Mendoza

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. VICTOR MANUEL MENDOZA, Defendant…

Court:California Court of Appeals, Fourth District, First Division

Date published: Mar 10, 2009

Citations

No. D053175 (Cal. Ct. App. Mar. 10, 2009)