Filed 5/21/18 P. v. Hernandez CA3
NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
THIRD APPELLATE DISTRICT
(Sacramento)
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THE PEOPLE,

Plaintiff and Respondent,

v.

ISAAC EMILLANO HERNANDEZ,

Defendant and Appellant.


C083710

(Super. Ct. No. 16FE002425)


In September 2016, a jury convicted defendant Isaac Emillano Hernandez of felony infliction of corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a); count 1), misdemeanor vandalism (§ 594, subd. (a); count 2), and misdemeanor child endangerment (§ 273a, subd. (b); count 3).
In December 2016, the trial court suspended imposition of sentence and granted defendant five years’ formal probation, including 364 days in county jail for count 1, 364 days in county jail concurrent for count 2, and 364 days in county jail concurrent for count 3. The trial court also imposed “a restitution fine in the amount of $400,” and a corresponding $400 probation revocation fine suspended unless probation is revoked. (§§ 1202.4, subd. (b), 1202.44.) The trial court additionally imposed a restitution fine of “$150 for each of counts two and three.” (§ 1202.4, subd. (b).)
On appeal, both parties acknowledge the trial court erred in imposing 364 days in county jail for count 3. Section 273a does not specify a maximum term of incarceration. Pursuant to section 19, except in cases where a different punishment is prescribed by any law of this state, every offense declared to be a misdemeanor is punishable by imprisonment in the county jail not exceeding six months. Therefore, section 19 applies and the maximum jail term is six months.
Both parties also acknowledge the trial court erred in imposing multiple restitution fines, but propose different remedies. Defendant argues this court should strike the restitution fines imposed on counts 2 and 3. The People argue this court should add up the separate restitution fines and impose a $700 restitution fine, which is within the statutory range of section 1202.4, subdivision (b). A court may only impose one restitution fine per case, not per count. (§ 1202.4, subd. (b); People v. Sencion (2012) 211 Cal.App.4th 480, 482-483.) Here, the trial court imposed a $150 restitution fine on counts 2 and 3 in addition to a $400 restitution fine and a corresponding $400 probation revocation fine suspended unless probation is revoked. Accordingly, we shall strike the additional $150 restitution fines on counts 2 and 3.
DISPOSITION
The judgment (order of probation) is modified to impose a $400 restitution fine and corresponding $400 probation revocation fine, suspended unless probation is revoked (Pen. Code, §§ 1202.4, 1202.44) and a concurrent six months in county jail for count 3 (Pen. Code, §§ 273a, subd. (b), 19). The trial court is directed to prepare an amended order of probation and to forward a certified copy to the probation department. In all other respects, the judgment is affirmed.



/s/
HOCH, J.



We concur:



/s/
HULL, Acting P. J.



/s/
MAURO, J.