P. v. Henson
Filed 2/9/06 P. v. Henson CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977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
THIRD APPELLATE DISTRICT
(Shasta)
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| THE PEOPLE, Plaintiff and Respondent, v. BILLY WESS HENSON, Defendant and Appellant. | C049989
(Super. Ct. No. 03F9360)
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Defendant Billy Wess Henson challenges a $31.50 fine imposed pursuant to Penal Code section 1202.5, subdivision (a) on the grounds that it was unauthorized. Because this contention has merit, we will strike the fine and, as modified, affirm the judgment.
Defendant pled no contest to one count of receiving stolen property (Pen. Code, § 496, subd. (a)), admitted 12 prior strike allegations, and received a stipulated 25-year-to-life sentence. The court imposed a $5,000 restitution fine pursuant to Penal Code section 1202.4, subdivision (b), and ordered restitution be paid to four victims in the amounts of $15,046, $1,092, $567.64, and $1,505, respectively. The court also imposed a $31.50 theft fine pursuant to Penal Code section 1202.5.
On appeal, defendant argues the theft fine should be stricken because Penal Code section 1202.5, by its very terms, does not apply to violations of Penal Code section 496. The People properly concede the issue.
Penal Code section 1202.5, subdivision (a), provides in pertinent part, â€
