Frey

Appellant James Frey was convicted of seven felony counts, sentenced to a term in state prison and ordered to pay restitution. On appeal, he contends that the restitution fine imposed violated the requirements of Government Code section 13967, subdivision (c). We agree.

Factual and Procedural Background

On March 4, 1988, appellant pled guilty to seven felony counts including three counts of grand theft. (Pen. Code, §§ 484, 487, subd. 1.) The three counts of grand theft involved vehicles stolen from three different persons.

Appellant was sentenced to a term of five years and eight months in state prison. In addition, the trial court ordered “There is a restitution fine in lieu of—strike that. Restitution fine in lieu of the restitution fine in each count iii an amount not to exceed ten thousand dollars.” On the abstract of judgment-commitment form this fine was transcribed as “Restitution not to exceed $10,000.00 as to each xxxx/victim [s/c].”

Discussion

Appellant’s first argument is that the trial court’s restitution order violated Government Code section 13967, subdivision (c) because it did not specify the exact amount of the fine and did not identify the losses to…