Opinion
NOT TO BE PUBLISHED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.