P. v. Durouso CA2/8
On appeal from his criminal conviction, defendant Andre Durouso raises two claims of sentencing error. First, he argues the trial court imposed a restitution fine in violation of his plea agreement. In our view the agreement affirmatively represented that a restitution fine would not be imposed, and the amount ordered was a significant deviation from the plea bargain, thus violating the agreement. The appropriate remedy is to reduce the fine to the statutory minimum.
Durouso also argues the trial court erred in calculating his presentence custody credits. We disagree with this contention and affirm the judgment as modified.
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