P.v . Weatherspoon
Following a no contest plea, defendant Derrick Weatherspoon was convicted of driving a vehicle with willful or wanton disregard for the safety of persons or property while evading a pursuing peace officer in violation of Vehicle Code section 2800.2, subdivision (a). The trial court suspended imposition of sentence and placed defendant on three years probation, with conditions including completion of 60 days of work for the California Department of Transportation (Caltrans). The court also imposed a $200 restitution fine under Penal Code section 1202.4, subdivision (b). Defendants probation was revoked after a formal violation hearing because defendant failed to timely complete his CALTRANS service, lied to the probation officer about the amount of service he had completed, and altered the CALTRANS referral form to give him additional time to complete his service. The trial court sentenced defendant to the midterm of two years in state prison, finding defendants deceitful conduct while on probation made a low term sentence inappropriate.
The restitution fine imposed pursuant to section 1202.4, subdivision (b), is reduced to $200. The parole revocation fine imposed pursuant to section 1202.45 is reduced to $200. The trial court is to insure that a corrected abstract of judgment is delivered in a timely fashion to the Department of Corrections and Rehabilitation.
the judgment is affirmed.
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