 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
People v. Romero10/9/2002
lus fines, . . . and any other conditions of probation deemed reasonable by the Court. I understand that if I violate any term or condition of my probation, I can be sent to state prison for the maximum term allowed by law as noted above, and that I will be ordered to pay a restitution fine of not less than $200 nor more than $10,000."
This paragraph, by its own terms, applies only when the trial court grants probation. Defendant argued strongly for probation at the sentencing hearing; however, the court denied probation. We believe that defendant's sentence in this case, in which the court denied probation and imposed a prison sentence and a restitution fine, constituted a significant deviation from the term he agreed to in the plea bargain, that a restitution fine would be imposed if probation were granted and subsequently violated. "A court may not impose punishment significantly greater than that bargained for by finding the defendant would have agreed to the greater punishment had it been made a part of the plea offer." (Walker, supra, at p. 1026.) Furthermore, " courts should generally be cautious about deeming nonbargained punishment to be insignificant." (Id. at p. 1027, fn. 3.)
Since the trial court did not advise defendant pursuant to Penal Code section 1192.5, his failure to object at sentencing does not constitute a waiver of his right to the benefit of his bargain. (Id. at p. 1025.) Consequently, the appropriate remedy is to reduce the fine to the statutory minimum of $200.
Respondent raises the further argument that the $1,400 restitution fine was specifically recommended in the probation report. However, the probation report was written after defendant entered into the plea agreement and therefore cannot be a part of that agreement.
DISPOSITION
The judgment is modified to reduce the restitution fine from $1,400 to the statutory minimum of $200. The trial court is directed to prepare an amended abstract of judgment reflecting this modification and to forward a certified copy of the amended abstract to the Department of Corrections. As so modified, the judgment is affirmed.
WE CONCUR:
ELIA, J.
MIHARA, J.
Page 1 2 3 California DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|