In what circumstances will a court strike a restitution fine on a defendant who agreed to plead guilty without being informed that he would be subject to such a fine?

Division One of this court recently confronted a similar situation in People v. Oberreuter (1988) 204 Cal.App.3d 884, 251 Cal.Rptr. 522. Defendant agreed to plead guilty without having been informed that he would be subject to a restitution fine. Holding that the fine could not be imposed where defendant had not agreed to the term and had not been advised that he would be subject to such a fine, the court struck the fine while upholding the remainder of the sentence. (Id., at p. 890, 251 Cal.Rptr. 522.) On the other hand, in a still more recent decision, the Fifth District refused either to strike the fine or to remand for the purpose of allowing defendant the opportunity to withdraw his plea. (People v. Davis (1988) 205 Cal.App.3d 1305, 252 Cal.Rptr. 924.) However, we find neither case directly applicable to the facts in the case at bar.