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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and Respondent,
v.
ANDRES RUBALCABA,
Defendant and Appellant.
H030220
(Santa ClaraCounty
Super. Ct. No. CC505741)
On March 7, 2006, defendant Andres Rubalcaba pled no contest to one count each of unlawful sexual intercourse with a minor at least three years younger than he, misdemeanor inflicting corporal injury on a cohabitant, and misdemeanor violating a protective order; he also pled no contest to three counts of furnishing a minor with a controlled substance, and admitted the allegation on each count that the minor was at least four years younger than he. In exchange, instead of 19 years and two months in state prison he was to receive a maximum prison term of four years, eight months. While taking the plea, the trial court informed defendant that he would be ordered to pay actual restitution to the victim if there was any, and a restitution fund fine of a minimum of $220 and a maximum of $10,000.
At sentencing, the court imposed the agreed-upon sentence and among other fines and fees, also ordered defendant to pay a restitution fund fine of $3,200 and suspended an additional $3,200 restitution fund fine. (Pen. Code, §§ 1202.4, subd. (b), 1202.45.)[1] Defendant contends on appeal that the restitution fines exceeded the punishment contemplated by the plea bargain and must be reduced to the statutory minimum. He also claims the court failed to advise defendant that he would have an opportunity to withdraw his plea if the court failed to follow the terms of the plea bargain. (§ 1192.5.)
DISCUSSION
Defendant states that â€
Description
On March 7, 2006, defendant pled no contest to one count each of unlawful sexual intercourse with a minor at least three years younger than he, misdemeanor inflicting corporal injury on a cohabitant, and misdemeanor violating a protective order; he also pled no contest to three counts of furnishing a minor with a controlled substance, and admitted the allegation on each count that the minor was at least four years younger than he. In exchange, instead of 19 years and two months in state prison he was to receive a maximum prison term of four years, eight months. While taking the plea, the trial court informed defendant that he would be ordered to pay actual restitution to the victim if there was any, and a restitution fund fine of a minimum of 220 and a maximum of 10,000. At sentencing, the court imposed the agreed-upon sentence and among other fines and fees, also ordered defendant to pay a restitution fund fine of $3,200 and suspended an additional $3,200 restitution fund fine. (Pen. Code, 1202.4, subd. (b), 1202.45.) Defendant contends on appeal that the restitution fines exceeded the punishment contemplated by the plea bargain and must be reduced to the statutory minimum. Appellant also claims the court failed to advise defendant that he would have an opportunity to withdraw his plea if the court failed to follow the terms of the plea bargain. ( 1192.5.) The judgment is affirmed.
