P.
P. v. Indorato CA6
Opinion
Opinion
Elia, J.
Discussion Restitution Fine Effective January 1, 2012, the minimum restitution fine in Penal Code section 1202.4, subdivision (b)(1), increased from $200 to $240. (Stats.2011, ch. 358, § 1.) The trial court in this case imposed a $480 fine, although the minimum restitution fine was $200 at the time appellant committed his offenses. (Stats.2010, ch. 351, § 9, eff. Sept. 27, 2010.) Appellant contends the imposition of the $480 restitution fine violates
3 Welfare and Institutions Code "Section 3000 et seq. establishes a program for the nonpunitive treatment and control of narcotics addicts, including persons convicted of criminal offenses, implemented by periods of treatment within CRC and outpatient supervision." (People v. Cruz (1990) 217 Cal.App.3d 413, 419.) Welfare and Institutions Code section 3051 "vests discretion in the trial court to determine whether evaluation for commitment to CRC is appropriate." (People v. Masters (2002) 96 Cal.App.4th 700, 703–704.) The court must determine if a defendant is addicted or in danger of becoming addicted to narcotics; and, if so, the court must either suspend execution of sentence and order initiation of CRC commitment proceedings or…