Opinion
D049651
5-8-2007
THE PEOPLE, Plaintiff and Respondent, v. JOSEPH A. SIMON, Defendant and Appellant.
NOT TO BE PUBLISHED
Joseph A. Simon entered a negotiated guilty plea to selling cocaine base (Health & Saf. Code, § 11352, subd. (a)), and admitted a prior conviction of selling a controlled substance. (Pen. Code, § 1203.07, subd. (a)(11).) The court sentenced him to the stipulated three-year lower term in prison for selling a controlled substance and ordered him to pay a $600 restitution fine. Simon contends the trial court erred in ordering him to pay the $600 restitution fine.
FACTS
On July 5, 2006, Simon handed an undercover officer cocaine base in exchange for $20.
DISCUSSION
Simon argues the trial court erred in imposing a $600 restitution fine when that was not part of the plea agreement. He is mistaken. The plea agreement specifically advised Simon that the court could impose a restitution fine up to $10,000. Simon signed the plea bargain form and initialed the advisement that the court could impose a restitution fine with a maximum of $10,000. The advisement and waiver may be accomplished by the use of a form. (In re Ibarra (1983) 34 Cal.3d 277, 285.) In any case, Simon did not object to the $600 restitution fine in the trial court. He cannot do so for the first time on appeal. (People v. Scott (1994) 9 Cal.4th 331, 356.)
DISPOSITION
The judgment is affirmed.
We concur:
AARON, J.
IRION, J.