P. v. Infante
After entering into a plea agreement, defendant Infante pleaded no contest to two felonies, resisting an executive officer by means of threats and violence (Pen. Code, S 69) and carrying a concealed dirk or dagger ( S 12020, subd. (a)(4)). He also admitted a prior prison term allegation (S 667.5, subd. (b)). The trial court sentenced defendant to the agreed-upon aggregate term of two years, four months.
On appeal, defendant contends that (1) the People's failure to file an information deprived the trial court of jurisdiction; and (2) the $400 restitution fine must be reduced to the statutory minimum of $200 because the restitution fine was not specified in the plea agreement. For reasons that court explain, court find no merit in defendant's contentions and therefore court affirm the judgment.
Court ordered defendant's related petition for writ of habeas corpus, which asserts a claim of ineffective assistance of counsel, to be considered with this appeal. Court have disposed of the petition by separate order filed this day. (See Cal. Rules of Court, rule 8.264(b).)
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