Saelee

Appellant Nai Ian Saelee was convicted of various crimes, including first degree murder. Included in his sentence was a restitution fine under Government Code section 13967 in the amount of $10,000. We publish the brief portion of this opinion which addresses the ex post facto implications of Government Code section 13967 as applied to the circumstances of this case. Ultimately, we will modify the judgment to reduce the fine to the pertinent statutory minimum and affirm the judgment as so modified.

Statement of the Case

On May 7, 1993, a first amended consolidated information was filed in Fresno County Superior Court, charging appellant Nai Ian Saelee with murder (Pen. Code, § 187, count one); attempted murder (§§ 664/187, count two); and assault with a firearm (§ 245, subd. (a)(2), count three). As to counts one and two, it was further alleged that Saelee was armed with a firearm in the commission of the offense (§ 12022, subd. (a)(1)). Saelee pleaded not guilty and denied the special allegations.

Jury trial began on August 30, 1993. On September 8, Saelee was convicted of first degree murder (count one), attempted premeditated murder (count two), and assault with a…