P.

P. v. Halsema CA3

Good Law
Court of Appeal of CaliforniaJuly 31, 2013C072318California514 words

Opinion

Opinion

DISCUSSION

We dispense with a recitation of background facts because they are not relevant to the contention on appeal. Many criminal statutes provide for the imposition of a base fine in addition to a jail or prison sentence. (People v. Sorenson (2005) 125 Cal.App.4th 612, 617.) Where a base fine is not prescribed by the criminal statute, section 672 authorizes the trial court to impose a fine.2 Section 672 applies to all crimes, not just those set forth in the Penal Code. (People v. Shah (1949) 91 Cal.App.2d 716, 721.) The parties agree the trial court erred in imposing a fine pursuant to section 672 because a separate fine for the methamphetamine manufacturing offense was authorized -- and imposed -- pursuant to Health and Safety Code section 11379.6.

1 Undesignated statutory references are to the Penal Code.

2 Section 672 provides in pertinent part: “Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the…

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