P. v. Romero
In October 2004, appellant, Israel Romero, pled no contest to felony possession of PCP (Health & Saf. Code, 11377, subd. (a)), and admitted allegations that he had (1) suffered a strike and (2) served a prison term for a prior felony conviction (Pen. Code, 667.5, subd. (b)). In January 2005, the court struck the strike and placed appellant on probation. In May 2006, appellant suffered a conviction of misdemeanor driving a motor vehicle while under the influence of alcohol or drugs (Veh. Code, 23152, subd. (a)), and based on that conviction, and on appellants admission of an allegation that he violated his probation by not remaining in contact with the probation department, the court denied reinstatement on probation and imposed a prison term of three years. At sentencing, the court also stated, Ill lift the stay on the 1202.44 fine of $200, given the violation and the state prison sentence.
The superior court is directed to issue an amended abstract of judgment which omits all reference to a fine under section 1202.44. In all other respects, the judgment is affirmed.
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