People v. Lehmann CA3

FACTS AND PROCEEDINGS

The facts underlying defendant’s offenses are not relevant to the issue raised on appeal other than the date of the offense in No. 7826. Defendant committed battery with serious injury in December 2012.

DISCUSSION

The probation report recommended restitution and parole revocation restitution fines of $200 as previously ordered when probation was granted in No. 3057 and “$2,240.00” in No. 7826. At sentencing, defense counsel noted that the restitution fines imposed in No. 3057 had been previously ordered but he objected to the amount recommended in No. 7826, asking that the court impose “the minimum amount as opposed to that figure,” and claimed that defendant did not have the ability to pay due to his incarceration. The court clarified with the probation officer that the “$2,000 amount refers to the newer case” and that “[t]he minimum would be $280; is that correct?” The

2 probation officer responded that it was. The court ordered restitution and parole revocation restitution fines of $200, as previously ordered in No. 3057, and $280 in No. 7826. At the time of defendant’s offense in No. 7826, the minimum amount of the restitution fine was $240. (§…