P. v. Nordahl

Filed 1/30/07 P. v. Nordahl CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

Appellant Thomas Mark Nordahl was charged with possession of methamphetamine (Health & Saf. Code,  11377 count 1) and with two misdemeanor drug offenses. He pled guilty to all three counts and on August 29, 2005, was granted probation on certain terms and conditions, including the payment of a restitution fine of $200 pursuant to Penal Code section 1202.4. On April 3, 2006, appellant admitted violating probation and on May 8, 2006, he was sentenced on count 1 to the midterm of two years in state prison, with jail terms on the misdemeanors ordered to run concurrently. The trial court also ordered appellant to pay a $400 restitution fine pursuant to Penal Code section 1202.4 and a matching $400 restitution fine pursuant to Penal Code section 1202.45, which latter fine was suspended unless parole was revoked.

Appellant contends that the restitution fines must be reduced to $200. Under the authority of People v. Chambers (1998) 65 Cal.App.4th 819, 821-823, the Attorney General agrees. We accept the concession.

CONCLUSION

The trial court is ordered to correct the abstract of judgment to reflect restitution fines in the amount of $200 and to transmit the corrected abstract to the Director of the Department of Corrections. In all other respects, the judgment is affirmed.

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Reardon, J.

We concur:

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Ruvolo, P.J.

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Sepulveda, J.

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