Filed 3/10/16 P. v. Sandil CA4/1
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COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D068355
Plaintiff and Respondent,
v. (Super. Ct. No. SCE338281)
CHARLES SANDIL,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Ronald F.
Frazier, Judge. Affirmed as modified.
Jason L. Jones, under appointment by the Court of Appeal, for Defendant and
Appellant.
Kamala D. Harris, Attorney General, Julie L. Garland, Assistant Attorney General,
Barry Carlton and Heidi Salerno, Deputy Attorneys General, for Plaintiff and
Respondent.
BACKGROUND
On November 12, 2013, defendant and appellant Charles Sandil requested an $800
cash advance at the Barona Casino. He was using a counterfeit credit card. When
arrested at the casino, it was discovered that he had four additional counterfeit cards in
his wallet. On September 11, 2014, a jury found defendant guilty of use of counterfeit
credit cards (Pen. Code, § 484f, subd. (a)) and possession of counterfeit items (Pen. Code,
§ 475, subd. (a)). On June 5, 2015, the trial court granted defendant three years'
probation, with commitment to the custody of the sheriff for 270 days, and imposed a $39
fine under Penal Code section 1202.5.
ANALYSIS
A.
The trial court struck several conditions from the order granting formal probation.
Among these were condition Nos. 12(f), 12(g), and 17. Despite the fact these conditions
were stricken, they remained checked on the order granting formal probation form. The
minute order noted these conditions were to "remain as agreed by counsel." The People
agree with defendant's argument that the record must be corrected to reflect the striking
of condition Nos. 12(f), 12 (g), and 17. We agree as well.
B.
As part of defendant's sentence, he was ordered to pay a $39 fine pursuant to Penal
Code section 1202.5. Defendant argues this fine must be stricken because it does not
apply to the crimes for which he was convicted. The People agree. We have examined
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Penal Code section 1202.5 and agree it does not include the offenses for which defendant
was convicted; therefore, the fine is unauthorized.
DISPOSITION
The judgment is ordered modified to strike condition Nos. 12(f), 12(g), and 17 of
probation, as well as the $39 fine. In all other respects, the judgment is affirmed.
BENKE, J.
WE CONCUR:
McCONNELL, P. J.
HALLER, J.
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