In re Mattison

I. BACKGROUND

In 2008, a jury convicted Mattison of two counts of attempted first degree murder,

three counts of attempted murder of police officers, infliction of corporal injury on a

cohabitant, and attempted arson. (People v. Mattison (Dec. 1, 2009, E046047) [nonpub.

opn.] (Mattison).) The court imposed a lengthy custodial sentence driven by the

sentences on the attempted murder counts: two consecutive life terms, a concurrent life

term, and two concurrent terms of 15 years to life. Mattison also received four years on

the corporal injury count and a stayed two-year term for attempted arson.

Directly relevant to this appeal, the trial court imposed an $8,000 restitution fine

pursuant to section 1202.4. It ordered Mattison to pay $1,700 in direct victim restitution

to one of the attempted murder victims and a $120 court security fee.

The Legislature recently amended state law to affect the section 1202.4 restitution

fine. Now, a section 1202.4 fine is “unenforceable” after 10 years and any portion of a

judgment imposing that fine is “vacated” at that time. (§ 1465.9, subd. (d).) Section

1465.9, subdivision (d) (§ 1465.9(d)) provides: “Upon the expiration of 10…