Martinez

Certified for Partial Publication. [*]

Victor Manuel Martinez (defendant) was convicted of attempting to manufacture a controlled substance and ordered to pay a restitution fine in excess of $5,000.00 to the Department of Toxic Substances Control. On appeal, defendant argues that the fine was unauthorized. We publish to settle the question of whether the Department of Toxic Substances Control is a victim within the meaning of Penal Code section 1202.4, subdivision (f). [1] We conclude it is.

By information, defendant was charged with a single count of manufacturing a controlled substance (Health & Saf.Code, § 11379.6, subd. (a)). A jury found defendant not guilty of manufacturing a controlled substance, but guilty of the lesserincluded offense of attempting to manufacture a controlled substance. Defendant was sentenced to the middle term of two years and six months and ordered to pay, pursuant to section 1202.4, subdivision (f), a restitution fine in the amount of $5,402.67 to the Department of Toxic Substances Control.

On January 7, 2001, at approximately 9:30 a.m., a narcotics officer with the sheriffs department conducted surveillance on a suspected…