P. v. Miller
Case number CR60861
On June 21, 1995, defendant Gary Miller (defendant), who was on probation at the time, pled guilty to one count of possessing methamphetamine with intent to sell. (Health & Saf. Code, 11378.) The date of his underlying offense was January 18, 2005. On September 7, 1995, the court sentenced him to two years in state prison and imposed a restitution fine of $200. (Pen. Code, 1202.4.)
Case number RIF72792
Almost exactly two years later, on June 18, 1997, and again while on probation, defendant pled guilty to possession of methamphetamine and admitted that he had two prior convictions and a strike on his record. (Health & Saf. Code, 11377, subd. (a); Pen. Code, 667.5, subd. (b) & 667, subd. (e)(1).)[1] Immediately after accepting his plea, the trial court sentenced him to eight years in state prison: the midterm of three years for the drug possession conviction, doubled because of the strike, plus one year for each of the admitted priors. ( 667, subds. (c) & (e)(1) & 667.5, subd. (b).)
On August 8, 2005, in response to a letter from the Department of Corrections and pursuant to the provisions of section 1204.45, the court added parole revocation fines of
$200 in each of the two cases. This appeal followed.The judgment is modified by striking the parole revocation fine in case number CR60861. As so modified, the judgment is affirmed.
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