Palomar

Defendant challenges the “restitution fine” imposed following his plea of guilty to the offense of forgery (Pen. Code, § 470) because it was predicated upon a statute (Pen. Code, § 1202.4) which became “operative” after the date of his offense. He claims that it cannot apply to him. The claim has merit and we will modify the sentence accordingly.

The pertinent facts are few. Defendant pleaded guilty to the count in an information which alleged that he committed the offense of forgery on or about October 31, 1983. On March 28, 1984, he was sentenced to 16 months in state prison and was ordered to pay a $1,000 restitution fine. He appeals from the part of the judgment imposing the fine.

Discussion

In 1983 the Legislature enacted comprehensive legislation which, inter alia, increased the fines authorized in criminal cases as part of the Crime Victim Restitution Program. (See Stats. 1983, ch. 1092.) It added section 1202.4 to the Penal Code which provides for the imposition of a “restitution fine” (i.e. a fine) in any case in which a defendant is convicted of a felony.

This legislation was adopted as an urgency measure and was filed with the Secretary of State on…