P.

INTRODUCTION

Arguing that when it imposed restitution and probation restitution fines of $240,

the trial court violated the constitutional prohibition against ex post facto increases in

criminal penalties, defendant Paul Minnis seeks reduction of each of the fines to $200.

The People agree that the fines in question should be reduced. We will affirm the trial

court.

FACTS AND PROCEDURAL HISTORY1

In the course of an argument on December 18, 2010, defendant shoved his 85-

year-old mother, causing her to fall to the floor. As he was leaving the house, he

threatened to beat her up and told her she would “look like she went through a meat

grinder” if she called police. Although she later recanted her story, the victim initially

told police that defendant frequently cursed and threatened her. The police report showed

that defendant has a long history of, among other things: theft and theft-related crimes

(Pen. Code §§ 484/488, 487h, 496);2 drug (marijuana) use and possession for sales

(Health & Saf. Code, §§ 11357, 11359, 11360); and various forms of violent behavior,

including spousal abuse (§§ 415, 422, 242, 243).

On January 19, 2011, defendant was charged with one…