Opinion
NOT TO BE PUBLISHED
APPEAL from a judgment of the Superior Court of San Diego County No. SCD190651, William H. Kennedy, Judge.
IRION, J.
In 2005 Justin Wyman entered a negotiated guilty plea to stalking after service of a restraining order (Pen. Code, § 646.9, subd. (b)). The court suspended execution of a four-year upper term prison sentence, placed him on five 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, executed the prison sentence, imposed an $800 restitution fine, and suspended an $800 parole revocation fine (§ 1202.45).
All further statutory references are to the Penal Code.
Wyman appeals, contending the court improperly increased the restitution fine. The People properly concede the point. (People v. Chambers (1998) 65 Cal.App.4th 819; People v. Downey (2000) 82 Cal.App.4th 899, 921-922; People v. Johnson (2003) 114 Cal.App.4th 284, 306-308.) Additionally, the parole revocation fine must be reduced to match the restitution fine. (People v. Downey, supra, 82 Cal.App.4th at pp. 921-922; People v. Johnson, supra, 114 Cal.App.4th at pp. 306-308.) Finally, the record does not reflect that the court lifted the stay on the $200 probation revocation fine. (People v. Guiffre (2008) 167 Cal.App.4th 430.) Accordingly, we modify the judgment as stated in the disposition.
DISPOSITION
The judgment is modified to reflect a $200 restitution fine (§ 1202.4, subd. (b)) and a $200 parole revocation fine (§ 1202.45) in place of the $800 fine and to reflect that the $200 probation revocation fine (§ 1202.44) is now due. The trial court is directed to prepare an amended abstract of judgment and forward it to the Department of Corrections and Rehabilitation.
WE CONCUR: McCONNELL, P. J. NARES, J.
The factual basis for the plea was that after being served with a restraining order, Wyman "willfully, maliciously, and repeatedly harassed the Bolander family, and made a credible threat with the intent to place the Bolander family in reasonable fear for their safety."