People v. Arredondo CA5

DISCUSSION

Arredondo committed the instant offenses on July 25, 2011. At that time, as now, section 1202.4, subdivision (b) provided: ―In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record.‖ At the time of the instant offenses, section 1202.4, subdivision (b)(1)3 provided

All further statutory references are to the Penal Code. Arredondo also contends we should address the merits of his argument even if we conclude this issue was forfeited by defense counsel‘s failure to object to the restitution fine in the trial court because the failure to object denied him the effective assistance of counsel. This issue is moot because we address Arredondo‘s contention on the merits. All citations to section 1202.4 are to the version of that section in effect when Arredondo committed his offense in July 2011 (See Stats. 2011, ch. 45, § 1, eff. July 1, 2011).

2 that the minimum fine was $200, while the maximum fine was $10,000. Within that range, then as now, the fine was to be ―set at the…