People v. Mulkey CA3

BACKGROUND

On December 31, 2011, defendant (who was 16 years old at the time) and others aided and abetted Marcus Hume in fatally shooting Steven Moore. Defendant pleaded no contest to voluntary manslaughter. (Pen. Code, § 192, subd. (a).)1 The trial court suspended imposition of sentence and placed defendant on probation for five years with various terms and conditions, including that defendant abstain from alcohol and that he pay a $240 restitution fine (§ 1202.4, subd. (b)(1)) and a $240 probation revocation fine (§ 1202.44). Defendant subsequently admitted violating probation. The trial court declined to reinstate probation and sentenced defendant to the middle term of six years for the voluntary manslaughter conviction. In addition, the trial court continued the $240 restitution fine previously imposed pursuant to section 1202.4, subdivision (b)(1), lifted the stay on the previously imposed $240 probation revocation fine pursuant to section 1202.44, and imposed a $240 parole revocation fine pursuant to section 1202.45.

DISCUSSION

I Defendant contends the trial court abused its discretion and violated ex post facto principles by imposing the $240 restitution fine, because…