P. v. Moreno
Filed 6/20/06 P. v. Moreno CA2/1
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION ONE
| THE PEOPLE, Plaintiff and Respondent, v. DANIEL VINCENT MORENO, Defendant and Appellant. | B183828 (Los Angeles County Super. Ct. No. YA059547) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Andrew C. Kauffman, Judge. Affirmed as modified and remanded with directions.
Sally P. Brajevich, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, and Adrian N. Tigmo, Deputy Attorney General, for Plaintiff and Respondent.
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Daniel Vincent Moreno appeals from a judgment entered after the trial court revoked probation and imposed a two-year prison sentence. We reject Moreno's contention that the trial court abused its discretion by revoking probation, agree with Moreno that the second of two restitution fines should not have been imposed, and agree with Moreno that his sentence must be modified because he was penalized for exercising his constitutional right to a formal probation revocation hearing. As modified, we affirm the judgment.
FACTS
In September 2004, Moreno waived his constitutional rights and pled no contest to one count of petty theft with priors. (Pen. Code, § 666.)[1] Pursuant to a plea bargain, imposition of sentence was suspended and Moreno was placed on formal probation for three years and ordered to pay a $200 restitution fine. (§ 1202.4, subd. (b).) Two other probation cases were resolved at the same time (Moreno admitted violations in the other cases).
In March 2005, probation was summarily revoked and a bench warrant was issued, which resulted in Moreno's arrest in April. At a contested probation violation hearing held in June, a probation officer testified that Moreno â€
