P. v. Perez
Defendant pled no contest to one count of lewd act upon a child in violation of Penal Code section 288, subdivision (a). On January 18, 2006, defendant was placed on probation for a period of five years, with conditions including a term of 365 days in the county jail, participation in a one year plan for counseling, and an order to stay away from and not contact the victim, Steven P. Probation was formally revoked following a contested hearing. Defendant was sentenced to state prison for the midterm of six years. This timely appeal is taken from the judgment (order revoking probation).
Defendant raises the following issues on appeal: (1) the evidence was insufficient to support the finding of a probation violation; (2) the trial court abused its discretion in refusing to reinstate probation; (3) the trial court abused its discretion in sentencing defendant to the midterm of six years; (4) any failure to object to the use of subsequent events to impose the midterm or other sentencing errors was ineffective assistance of counsel; and (5) the $1,200 restitution and parole revocation fines must be reduced to $200.
Court conclude defendants challenges to the revocation of probation and the state prison sentence are without merit. However, the restitution fine and parole revocation fines must be reduced to $200. As modified, the judgment be affirmed.
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