People v. Johnston CA1/4
Opinion
Opinion
I.
INTRODUCTION
After appellant Tommy Ray Johnston pleaded no contest to carjacking and admitted the personal use of a firearm in the commission of the carjacking, the trial court imposed an aggregate state prison term of 19 years. The only issue appellant raises on appeal is that the trial court erred in its calculation and imposition of an aggregate restitution fund fine of $5,320 instead of $3,800—an error totaling $1,520. Because his attorney failed to object to the higher fine amount, appellant asserts that, if his objection to the higher fine was forfeited, his counsel was ineffective in not objecting. Although the forfeiture rule may very well apply, in order to forestall further litigation over this issue, we exercise our discretion and reach the merits of appellant’s claim. It is clear to us that the trial court relied on the probation department’s suggested fine calculation that was based on a minimum fine available at the time of sentencing ($280), rather than that set forth by statute at the time of the underlying offense ($200).
1 Therefore, we order the restitution fine reduced to $3,800, and the abstract of judgment modified accordingly.