P. v. Dillard
Filed 5/18/06 P. v. Dillard CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FIVE
THE PEOPLE, Plaintiff and Respondent, v. DOUGLAS J. DILLARD, Defendant and Appellant. | B187060 (Los Angeles County Super. Ct. No. NA063484) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Tomson T. Ong, Judge. Reversed with directions; affirmed in part with directions.
So'Hum Law Center of Richard Jay Moller, Richard J. Moller, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance on behalf of Plaintiff and Respondent.
Defendant, Douglas J. Dillard, appeals from a judgment after he was found in violation of probation after a contested hearing. Defendant was convicted upon his no contest plea of possessing a stolen truck in violation of Penal Code[1] section 496d, subdivision (a) and two section 667.5, subdivision (b) prior prison term allegations were found to be true pursuant to his admission. Defendant originally filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436, 441. (See Smith v. Robbins (2000) 528 U.S. 259, 277-284.) We then requested briefing on the issues discussed in this opinion. We reverse the purported judgment of October 6, 2005. We order the judgment of April 27, 2005, into effect, direct the imposition of restitution fines, and order recalculation of defendant's presentence credits.
On February 10, 2005, the day defendant entered his no contest plea, as part of an agreed to disposition, Judge Arthur H. Jean, Jr. imposed a five-year prison sentence with presentence credits totaling 162 days. The execution of sentence was suspended and defendant was placed on probation. A $200 section 1202.4, subdivision (b)(1) restitution fine was imposed. Further, a $200 section 1202.45 parole restitution fine was imposed. On April 27, 2005, defendant, after advisement of his rights, admitted he was in violation of probation. Judge Richard W. Lyman Jr. ordered the previously imposed five-year sentence into execution. But Judge Lyman made no reference to the section 1202.4, subdivision (b)(1) and section 1202.45 restitution fines. Judge Lyman explicitly ordered that defendant be forthwith committed to the â€
