P. v. Arellano
Defendant Milao Rios Arellano pled no contest to robbery of an inhabited dwelling (Pen. Code, 213, subd. (a)(1)(A)) committed in concert with a codefendant on September 6, 2005, and being a felon in possession of a firearm ( 12021, subd. (a)(1)) that same day. He also admitted the allegation that he personally used a handgun in the commission of the robbery. ( 12022.5, subd. (a).) In exchange, the prosecutor agreed to a top and bottom sentence of six years in state prison. No agreement as to a restitution fine was stated. On appeal, defendant challenges the amount of the restitution fine the court imposed, and declares the order to pay attorney fees was unsupported by substantial evidence and must be stricken.
At sentencing the court imposed a $2,400 restitution fund fine ( 1202.4, subd. (b)) and stayed a fine in the same amount pursuant to section 1202.45. The court ordered $200 in attorney fees. The judgment is affirmed as modified.
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