P. v. Pena
On September 30, 2003, defendant entered a negotiated guilty plea to robbery. On October 31, the court suspended imposition of sentence, placed him on three years' probation, and ordered defendant to pay a $200 restitution fine. The terms of defendant's probation included a condition that defendant "[n]ot associate with any known gang member . . . ." Between May 2004 and July 2005, the court repeatedly revoked Pena's probation most commonly for associating with known gang members. On January 10, 2006, the court revoked probation after finding defendant again associated with known gang members and possessed a deadly weapon. It sentenced Pena to prison for the three-year middle term for robbery, imposed a $600 restitution fine and a $600 parole revocation fine. Defendant appeals.
The judgment is affirmed as modified. The trial court shall amend the abstract of judgment to reflect reduction of the parole revocation fine from $600 to $200 and the striking of the $600 restitution fine ordered January 24, 2006.
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