P. v. Loper CA4/2
Defendant Karen Loper and her daughter assaulted her daughter’s former boyfriend with a baseball bat and a hammer in his home. Pursuant to a plea agreement, defendant pled no contest to assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)). In return, the remaining allegation was dismissed and defendant was placed on formal probation for a period of three years on various terms and conditions.
On appeal, defendant argues the restitution fine under section 1202.4 contained in the court’s sentencing minute order and the felony terms and conditions of probation findings and orders of the court must be stricken because the trial court never ordered that fine during the sentencing hearing. The People agree that the trial court erred in failing to orally impose the restitution fine, but argue the appeal must be dismissed because section 1237.2 precludes a defendant from raising a restitution fine error as the sole issue on appeal without first exhausting his or her remed
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