People v. Villalobos
Annotate this CaseDefendant pleaded no contest to attempted murder with a street-gang enhancement and to second degree robbery in exchange for a 17-year prison term and dismissal of other allegations. At issue was whether the imposition of a mandatory restitution fine violated a defendant's plea agreement where the parties failed to make the fine an express term of the agreement and where the trial court failed to mention the fine during the colloquy. Because the amount of defendant's restitution fine was either made a part of his plea nor otherwise specified in the plea colloquy, the court concluded that it was left to the trial court's discretion. Accordingly, the court affirmed the court of appeal's judgment because it reached the same conclusion.
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