People v. Dorrough CA5

DISCUSSION

Section 294, subdivision (b) provides:

“Upon conviction of any person for a violation of Section 261, 264.1, 285, 286, 288a, or 289 where the violation is with a minor under the age of 14 years, the court may, in addition to any other penalty or restitution fine imposed, order the defendant to pay a restitution fine based

All statutory references are to the Penal Code. The court stated: “Pursuant to Penal Code Section 294[, subdivision ](b), [defendant is] ordered to pay $1,000. That’s to be collected by the Department of Corrections who shall deposit such amounts as received into the California Children’s Trust Fund for the purposes of child abuse … prevention.”

2. on the defendant’s ability to pay not to exceed five thousand dollars ($5,000), upon a felony conviction, or one thousand dollars ($1,000), upon a misdemeanor conviction, to be deposited in the Restitution Fund to be transferred to the county children’s trust fund for the purpose of child abuse prevention.” Under the final plea agreement, defendant was not convicted of any of the crimes listed in section 294, subdivision (b). Therefore, as the parties agree, the restitution fine imposed…