Long

The Case

Defendant was convicted on his guilty plea of committing lewd or lascivious acts upon a child under 14 years old (Pen. Code, § 288, subd. (a)). The victim was the six-year-old daughter of the woman with whom defendant lived.

The trial court sentenced defendant to prison for the median term of six years and ordered him to pay a restitution fine pursuant to Government Code section 13967 in the amount of $1,000. One hundred dollars was to be paid within 30 days of defendant’s release from custody, and the balance was to be paid at $50 per month. Defendant appealed.

Defendant contends on appeal that the trial court erred in imposing the restitution fine without considering defendant’s ability to pay and in failing to consider mitigating factors in sentencing. We find defendant’s contentions unmeritorious and affirm the judgment.

The Facts

On January 1, 1984, Ruth B. came home early from work to find defendant, her live-in boyfriend, having sexual intercourse with her six-year-old daughter. Defendant was naked, and the child was only partially clad. The child subsequently told police officers that this had happened numerous times when no one else was…