People v. Green CA3

I. BACKGROUND

In Placer County case No. 62189755, a jury found defendant guilty of two counts of unlawful sexual intercourse with a minor, furnishing an alcoholic beverage to a minor, furnishing marijuana to a minor over 14 years of age, oral copulation of a person under 18 years of age, and sexual penetration with a person under 18 years of age. Defendant filed a sentencing brief stating: “Probation has recommended a $10,000 fine. The defendant is now indigent and does not have the ability to pay a fine. The defendant respectfully requests the Court to impose the minimum fine.” Defendant refused to participate in an interview with the probation officer and did not offer any evidence suggesting he lacked the ability to pay the fine. Instead, the mitigation evidence defendant submitted established that he had been a successful project manager in the commercial construction industry and had worked at a prison camp during his imprisonment for a prior federal offense.

2 At the first sentencing hearing for case No. 62189755, defendant’s counsel reiterated his opposition to the recommended $10,000 restitution fine: “One thing that we did not discuss was the probation [department]’s…