Glenn

People v. Glenn

Good Law
164 Cal. App. 3d 736·1985 Cal. App. LEXIS 1638·211 Cal. Rptr. 547
Court of Appeal of CaliforniaFebruary 13, 1985B004285California1,086 words

Opinion

Opinion

Gilbert, J.

We affirm the sentence of Karen Glenn who pleaded guilty to 11 counts of forgery. (Pen. Code, § 470. )

In addition to a prison sentence, the judge imposed a $5,000 fine payable to the state restitution fund on count 1 which Glenn committed in 1984. (Pen. Code, § 1202.4.)

II

Defendant Glenn challenges the constitutionality of the $5,000 restitution fine imposed in addition to her prison term pursuant to section 1202.4. She argues that (a) section 1202.4 is vague and uncertain because it fails to provide enforcement procedures, and (b) it constitutes on its face and as applied to her an invidious discrimination against poverty which violates equal protection.

The “Victims’ Bill of Rights” enacted on June 8, 1982, required the Legislature to adopt provisions to implement the right of crime victims to receive restitution from persons convicted of crimes. (Cal. Const., art. I, § 28, subd. (b).) Pursuant to this constitutional amendment, a statutory scheme for restitution was enacted effective January 1, 1984, which requires the sentencing judge to impose fines and penalties.

Section 1202.4 requires the judge, when a defendant is convicted of a felony, to “order the…

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