P. v. Eversole
A jury convicted appellant of second degree robbery and found true an enhancement allegation that in committing that offense appellant personally used a deadly and dangerous weapon. On that same date, appellant admitted violating probation in two separate cases; he pled no contest to two counts of the offense commonly known as petty theft with a prior, charged in two other cases; and he admitted an enhancement allegation that he had previously served a prison term for a prior felony conviction, as alleged in those two cases. The court imposed a prison term of seven years, a restitution fine of $7,000 and a “parole revocation restitution fine” in the same amount. The court stayed the latter fine pending successful completion of parole. On appeal, appellant contends (1) the court erred prejudicially in instructing the jury with CALJIC No. 2.27; (2) portions of the restitution and parole revocation fines were unauthorized; and (3) the abstract of judgment contains a clerical error, which should be corrected. Court reduced the fines and ordered the abstract of judgment corrected as discussed below, and in all other respects affirmed.
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