P. v. Castaneda
Josue Castaneda appeals from a judgment and revocation of probation, after pleading guilty to one count of committing a lewd act upon a child, which resulted in a six-year prison sentence. Castaneda appeals, contending (1) the trial court abused its discretion in finding him in violation of his probation terms, and (2) the trial court erred when it imposed, pursuant to Penal Code section 1202.4, subdivision (b), a second $600 restitution fine when it had already imposed a $200 fine at the time he was granted probation.
The judgment is modified by striking the $600 restitution fine, leaving in force the $200 restitution fine originally imposed pursuant to section 1202.4, subdivision (b), and reducing to $200 the additional restitution fine imposed and stayed pursuant to section 1202.45. As modified, the judgment is affirmed.
The trial court enter an amended abstract of judgment reflecting the reduced restitution fines and forward a certified copy to the Department of Corrections.
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