Opinion
H036052
09-20-2011
THE PEOPLE, Plaintiff and Respondent, v. DAVID BRANDON RAMSEY, Defendant and Appellant.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
(Monterey County Super. Ct. Nos. SS101339, SS072599)
Defendant David Brandon Ramsey appeals from a judgment in case No. SS072599A ordering him to pay a restitution fine of $400 and a suspended parole-revocation fine in the same amount. He contends that the trial court was not authorized to order more than $200 because it had originally ordered $200 when it had granted him probation. The People concede the issue and we agree that the concession is appropriate. We therefore modify and affirm the judgment.
BACKGROUND
Defendant entered a negotiated plea to selling or distributing obscene matter depicting a child. The trial court placed defendant on probation. As a condition of probation, the trial court ordered defendant to pay a fine of $200 to the Restitution Fund. (See Pen. Code, § 1202.4.) The trial court later revoked defendant's probation and sentenced defendant to two years in prison. It also ordered defendant to pay a fine of $400 to the Restitution Fund and an identical suspended parole-revocation fine. (See Pen. Code, § 1202.45.)
DISCUSSION
Imposition of a Penal Code section 1202.4 restitution fine when a defendant is placed on probation survives despite a revocation of probation, and imposition of a restitution fine at revocation of probation in excess of that originally imposed is unauthorized and may be raised on appeal despite the failure to object below. (People v. Chambers (1998) 65 Cal.App.4th 819, 821-823.) Penal Code section 1202.45 provides that a suspended parole-revocation fine must be imposed in an amount identical to an imposed restitution fine.
DISPOSITION
The judgment in case No. SS072599A is modified to reduce the restitution and suspended parole-revocation fines to $200. As so modified, the judgment is affirmed.
Premo, J. WE CONCUR:
Rushing, P.J.
Elia, J.