P. v. Florence
Defendant Francis P. Florence appeals a suspended prison sentence of five years imposed upon the revocation and termination of his probation in PEF001397 and a three-year prison term imposed upon the revocation and termination of his probation in PEF005279. Defendant claims these prison sentences violate an amended plea agreement guaranteeing him a maximum prison sentence of two years. He contends he is entitled to specific enforcement of the amended plea agreement. Alternatively, he contends the trial court misunderstood the scope of its discretion and should have considered all sentencing options in these cases before it sentenced him to prison. Defendant also argues the trial court improperly imposed a second restitution fine in both cases.
The judgments of November 22, 2005, are modified by striking the restitution fine of $700 imposed in PEF001397, and by striking the restitution fine of $300 imposed in PEF005279. The $200 restitution fine imposed when probation was granted on August 20, 1998, in PEF001397, as well as the $200 restitution fine imposed when probation was granted on January 31, 2003, in PEF005279, remain in force. As modified, the judgment is affirmed in all other respects. The trial court is directed to prepare amended abstracts of judgment reflecting these modifications and to forward a certified copy of each amended abstract to the Department of Corrections.
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