P. v. Mitchell
With no promises having been made as to a specified prison term or other disposition, defendant Derick Anthony Mitchell, a habitual offender, pleaded guilty to one count of making criminal threats in violation Penal Code section 422. He also admitted three prior strike allegations, three prior serious felony allegations, and four prior prison term allegations. The court, which expressed the intention to sentence defendant to the minimum term possible, dismissed the three prior strikes and the prison priors and sentenced defendant to a mitigated term of 16 months on the criminal threats charge and three consecutive five-year terms for his prior serious felony convictions, for a total prison term of 16 years, four months. In addressing the restitution fund fine and parole revocation fine under sections 1202.4, subdivision (b), and 1202.45, respectively, the court stated its intention to modify the maximum $10,000 that had been recommended for each fine in the probation report. But the court then omitted any mention of the amount of the fines that it actually intended to impose. Both the clerks minute order and the abstract of judgment reflect the maximum fines of $10,000 each, the latter fine imposed but suspended. Defendant appeals and respondent concedes that the court failed to state the amount of fines it intended to impose. Court accept the concession and reverse the judgment with directions for the trial court on remand to specify the amount of the restitution fund fine under section 1202.4, subdivision (b), and the parole revocation fine under section 1202.45. The abstract of judgment shall then be amended to reflect the actual amount of the fines imposed.
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