Opinion
F041518.
7-14-2003
THE PEOPLE, Plaintiff and Respondent, v. DANA DION PERRY, Defendant and Appellant.
Daphne S. Scott, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Jeffrey D. Firestone and Kathleen A. McKenna, Deputy Attorneys General, for Plaintiff and Respondent.
Convicted of one count of Penal Code section 245, subdivision (a)(1) (assault with a deadly weapon), appellant Dana Dion Perry was sentenced to six years in prison. However, the court suspended imposition of sentence and placed appellant on probation on condition that, inter alia, he pay restitution in the sum of $ 200, pursuant to sections 1202.4 and 1202.45.
Probation was revoked and the previously suspended sentence was imposed. However, the court imposed a restitution fine pursuant to sections 1202.4 and 1202.45 in the amount of $ 600.
Appellant challenges the imposition of the $ 600 restitution fine, citing People v. Chambers (1998) 65 Cal.App.4th 819, 822. He contends that the court, pursuant to Chambers, was limited to imposing the previously suspended sentence. Respondent concedes and we agree. The restitution fine of $ 200, ordered at the time imposition of sentence was suspended, survived the revocation of probation. Therefore, the court was without statutory authority to order a second restitution fine. (Id. at p. 823.)
DISPOSITION
The judgment is modified by striking the $ 600 fine and imposing in its place a $ 200 restitution fine. In all other respects, the judgment is affirmed. 3 The superior court is directed to prepare an amended abstract of judgment and forward it to the Department of Corrections. --------------- Notes: Statutory references are to the Penal Code unless otherwise noted.