People v. Boulerice CA6

Background At the sentencing hearing on October 22, 2013, the Honorable Ariadne J. Symonds imposed a stipulated sentence of two years in prison for appellant’s November 2012 offense. After calculating credits, she ordered restitution and imposed a number of fines and fees, including a $400 restitution fine (Pen. Code, § 1202.4, subd. (b)(2)) and a $400 parole revocation fine (Pen. Code, § 1202.45), the last of which was stayed. Defense counsel objected to the fines because appellant had “no means to pay.” The judge responded, “All right. Thank you. I have imposed the minimum fines by law.” She then corrected her calculation of custody credits and dismissed a separate count of the information. Appellant timely filed a notice of appeal. Discussion The People agree with appellant that Judge Symonds erred in stating that $400 was the minimum amount required for the restitution and parole revocation fines. The parties are, of course, correct. The applicable statutes, Penal Code section 1202.4, subdivision (b), and section 1202.45, respectively, set $240 as the minimum fines for a felony committed in 2012. Because it is clear that Judge Symonds did not exercise her discretion in…