P. v. Lopez CA4/1
Ivan David Lopez pled guilty to assault with a deadly weapon (Pen. Code § 245, subd. (a)(1)). At sentencing, Lopez was granted probation on various terms and conditions, including being subject to a criminal protective order. On appeal, Lopez makes three contentions: (1) the court failed to state any statutory basis for the base fine and penalty assessment imposed at sentencing, (2) the protective order includes conditions that were not imposed by the court, and (3) the order granting probation fails to reflect the court's stay of payment of probation costs.
As we explain, we agree the matter should be remanded to allow the trial court to state the factual basis for the base fine and penalty assessment and to clarify the conditions of the protective order imposed on Lopez, including those not recited at the sentencing. In all other respects the judgment is affirmed.
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