Error and/or relief
The approved plea agreement provided for dismissal of count II, but that count was not dismissed at sentencing. Further, the court failed to impose a suspended parole revocation fine matching the amount imposed as the restitution fine.
The judgment is modified to dismiss count II and impose a $300 parole revocation fine, which shall be suspended unless parole is revoked. As modified, the judgment is affirmed. The trial court is directed to amend the sentencing minute order to reflect this modification. However, because the abstract of judgment already reflects the $300 suspended parole revocation fine, no amendment of that document is necessary.
First Holding:
When a guilty or no contest plea is entered in exchange for specified benefits such as the dismissal of other counts or an agreed maximum punishment, both parties, including the state, must abide by the terms of the agreement.
Authority:
People v. Panizzon (1996) 13 Cal.4th 68, 80
Second Holding:
When the trial court imposes a sentence that includes a period of parole, and it also imposes a restitution fine, a matching suspended parole revocation fine must be imposed. Omission of a mandatory parole revocation fine is an unauthorized sentence that we can correct on appeal.
Authority:
PEN 1202.45
People v. Smith (2001) 24 Cal.4th 849, 853