P. v. Audelo
After defendant was arrested for entering a bank with the intention of cashing a forged check, she pleaded no contest to committing second degree commercial burglary (Pen. Code, 459) and admitted having suffered a prior serious or violent felony conviction with the meaning of the Three Strikes law ( 667, subds. (b)-(i); 1170.12, subds. (a)-(d)). Audelo was sentenced to a state prison term of 32 months (the lower term of 16 months doubled for a second-strike offender under the Three Strikes law) in accordance with the plea agreement. Audelo received presentence custody credit of 32 days (22 actual days and 10 days of conduct credit). The court imposed a $400 restitution fine ( 1202.4, subd. (b)), a $20 security surcharge ( 1465.8, subd. (a)(1)), and a $10 theft fine ( 1202.5). A $400 parole revocation fine ( 1202.45) was imposed and suspended. The remaining special allegation was dismissed on the Peoples motion. On appeal Audelo challenges the imposition of the fine pursuant to section 1202.5.[
The May 22, 2006, minute order and abstract of judgment are ordered to conform to the trial courts oral pronouncement of judgment to reflect an award of 62 days of presentence custody credit (42 actual and 20 days of conduct credit). As modified the judgment is affirmed. The trial court is directed to forward a corrected abstract of judgment to the Department of Corrections.
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