P. v. Perle
Filed 3/9/11 P. v. Perle CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. STEVEN CHRISTOPHER PERLE, Defendant and Appellant. | F059651 (Super. Ct. No. F08900569) OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Fresno County. Jeff Bird, Commissioner.
J. Edward Jones, under appointment by the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Kathleen A. McKenna, Deputy Attorney General, for Plaintiff and Respondent.
-ooOoo-
This is an appeal from a judgment imposed after termination of felony probation. The appeal raises questions involving the fines imposed by the trial court. We will modify the fines imposed and affirm the judgment, as modified.
FACTS AND PROCEDURAL HISTORY
On February 7, 2008, defendant and appellant Steven Christopher Perle pleaded no contest to one count of violation of Penal Code section 273.5, subdivision (a), based on his battery of a cohabitant. (All further section references are to this code.) At the sentencing hearing on March 21, 2008, the court suspended imposition of judgment and admitted appellant to formal probation. In addition, the court imposed a $200 restitution fine pursuant to section 1202.4 and a $200 probation revocation restitution fine pursuant to section 1202.44. (The latter fine did not become operative until probation was revoked, in accordance with the terms of section 1202.44.) The court also imposed a $20 court security fee pursuant to section 1465.8.
After appellant's second violation of probation, the court sentenced him to prison. At sentencing, appellant's custody credits were sufficient that he was immediately released on parole. In addition to imposing the prison sentence, the court stated: â€
| Description | On February 7, 2008, defendant and appellant Steven Christopher Perle pleaded no contest to one count of violation of Penal Code section 273.5, subdivision (a), based on his battery of a cohabitant. (All further section references are to this code.) At the sentencing hearing on March 21, 2008, the court suspended imposition of judgment and admitted appellant to formal probation. In addition, the court imposed a $200 restitution fine pursuant to section 1202.4 and a $200 probation revocation restitution fine pursuant to section 1202.44. (The latter fine did not become operative until probation was revoked, in accordance with the terms of section 1202.44.) The court also imposed a $20 court security fee pursuant to section 1465.8. After appellant's second violation of probation, the court sentenced him to prison. At sentencing, appellant's custody credits were sufficient that he was immediately released on parole. In addition to imposing the prison sentence, the court stated: †|
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