P. v. Jones CA2/3
Derrick Devon Jones appeals from an order denying his petition to vacate a restitution fine of $400 imposed under Penal Code section 1202.4, subdivision (b). We affirm.
On May 8, 2002, Jones pleaded guilty to one count of the sale of marijuana. The imposition of sentence was suspended and he was placed on probation. Jones was found in violation of probation and, on February 21, 2003, he was sentenced to a term of imprisonment of two years. The court also imposed a restitution fine of $400 pursuant to section 1202.4, subdivision (b). The court imposed but stayed a parole revocation restitution fine of $400 under section 1202.45.
Jones filed a petition in the superior court to vacate the restitution fine assessed under section 1202.4, subdivision (b). Jones relied on Assembly Bill No. 1869 as authority for his petition. The court denied the petition, and Jones filed a timely appeal from that order.
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