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Name: People v. Dickerson
Case #: H026484
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/06/2004
Subsequent History: 1/11/05: rhg. den.; 1/19/05: revw. den.

A sentencing court’s imposition of restitution fines under the statutory formula did not violate a defendant’s plea agreement. The defendant here entered into a plea agreement that specified a stipulated prison term of twelve years in prison. The plea agreement did not mention restitution fines, but defendant was advised at the time of the plea that the court would impose a fine between $200 and $10,000. The court imposed restitution fines amounting to $6,800, with a similar amount suspended under Penal Code section 1202.45. On appeal, defendant argued that the restitution fine violated his plea agreement and asked the court of appeal to reduce the fines to the statutory minimum under People v. Walker (1991) 54 Cal.3d 1013. The court of appeal rejected this argument, finding that the plea agreement did not address the issue of fines and that the advisement indicated that the parties had left the matter open. The court further found that the imposition of the suspended fine under section 1202.45 did not violate the plea agreement, and any argument regarding the court’s failure to advise appellant of the possibility of that fine was waived by his failure to object.