Barnett

Jesse Barnett was convicted of second degree burglary (Pen. Code, § 459) and theft of items with a value in excess of $400. (Pen. Code, § 487.1.) An allegation that Barnett had suffered a prior conviction was found true. The trial court sentenced Barnett to a total of three years in state prison, further imposing on him a $200 restitution fine. The court, however, then found that Barnett might be addicted or be in imminent danger of becoming addicted to narcotics, and ordered the district attorney to file a petition for the commitment of Barnett to the California Rehabilitation Center (CRC). (See Welf. & Inst. Code, § 3051.) Barnett was determined to be a drug addict. The court thereafter suspended execution of sentence and ordered Barnett committed to the CRC for a period not to exceed three years. Barnett appeals from the judgment of commitment insofar as it imposed the restitution fine.

Facts

The facts underlying Barnett’s convictions are not relevant to any issue on appeal. It is enough that he was seen running out of a store carrying leather jackets attached to hangers, and was arrested a very short time later in possession of 13 leather jackets, each valued at…