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P. v. Fuller

P. v. Fuller
02:27:2007

P


P. v. Fuller


Filed 2/13/07  P. v. Fuller CA6


 


 


 


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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  This opinion has not been certified for publication or ordered published for purposes of rule 977.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


SIXTH APPELLATE DISTRICT







THE PEOPLE,


            Plaintiff and Respondent,


                        v.


ANTHONY LEE FULLER,


            Defendant and Appellant.



H029921


(Monterey County


 Super. Ct. No. SS041393)


Following the revocation of his probation, defendant Anthony Lee Fuller was sentenced to prison and ordered to pay a $400 restitution fund fine.  On appeal, defendant challenges the imposition of that fine, asserting that it was not part of his plea bargain.  As explained below, we agree that the fine must be reduced to $200, the statutory minimum, though not for the reasons that defendant proffers.  Defendant also asserts the need to correct the abstract of judgment, a point that the People concede.  We shall order the judgment modified and affirm it as modified. 


BACKGROUND


Because this appeal concerns only sentencing and judgment, a brief summary of the relevant procedural history will suffice to frame the issues.


In April 2004, a complaint was filed against defendant, charging him with one felony count of sale or transportation of a controlled substance.  (Health & Saf. Code, § 11352.)  The complaint also charged defendant with a misdemeanor, displaying false registration.  (Veh. Code, § 4462.5.)  In addition, the complaint specially alleged that defendant had suffered a prior prison term.  (Pen. Code, §  667.5, subd. (b).) 


In May 2004, the complaint was amended to add a felony count of possession of a controlled substance.  Defendant pleaded guilty to that count, and he admitted the special allegation.  The remaining charges were dismissed.  Defendant anticipated entering a drug treatment program under Proposition 36. 


Before the court accepted defendant's guilty plea, it sought and obtained his acknowledgement that he had read, understood, and initialed a â€





Description Following the revocation of his probation, defendant Anthony Lee Fuller was sentenced to prison and ordered to pay a $400 restitution fund fine. On appeal, defendant challenges the imposition of that fine, asserting that it was not part of his plea bargain. As explained below, court agree that the fine must be reduced to $200, the statutory minimum, though not for the reasons that defendant proffers. Defendant also asserts the need to correct the abstract of judgment, a point that the People concede. Court order the judgment modified and affirm it as modified.

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