People v. Perez

Full title: THE PEOPLE, Plaintiff and Respondent, v. RUDOLFO PEREZ, Defendant and…

Court: Court of Appeals of California, Third Appellate District.

Date published: Jul 31, 2003

C040949 (Cal. Ct. App. Jul. 31, 2003)

Opinion

C040949.

7-31-2003

THE PEOPLE, Plaintiff and Respondent, v. RUDOLFO PEREZ, Defendant and Appellant.

Blease

Appellant Rudolfo Perez was ordered to pay a restitution fine of $ 200 (Pen. Code, § 1202.4, subd. (b) (section 1202.4(b)) upon his conviction of vehicle theft. (Veh. Code, § 10851.) Appellant thereafter violated the terms of probation, leading to revocation of probation, a prison term, and imposition of an additional section 1202.4(b) restitution fine. Appellant contends, and respondent concedes, that the additional section 1202.4(b) restitution fine upon revocation of probation was unauthorized. (People v. Chambers (1998) 65 Cal.App.4th 819, 823.)

DISPOSITION

We therefore direct the superior court to strike the restitution fine imposed upon revocation of appellants probation pursuant to section 1202.4(b), amend the abstract of judgment accordingly, and forward a copy of the amended abstract to the Director of the Department of Corrections. The section 1202.4(b) restitution fine imposed upon conviction remains in effect. In all other respects, the judgment is affirmed.

We concur: NICHOLSON, J., MORRISON, J.