People v. Rocco CA6

STATEMENT OF THE CASE2

As a result of incidents of domestic violence perpetrated by defendant on his 86- year-old mother, defendant was charged with elder abuse in violation of section 368, subdivision (b)(1) in 2013. The complaint also contained an enhancement for great bodily injury upon an elder in excess of 70 years. (§ 12022.7, subd. (c).)

1 All further statutory references are to the Penal Code. 2 The underlying facts of this case are omitted because they are not relevant to the issues on appeal. Defendant pleaded guilty to the charge, and admitted the enhancement. The court sentenced defendant to seven years in prison, consisting of the mitigated term of two years for elder abuse, and five years for the enhancement. In addition to the prison term, the court also ordered defendant to pay a restitution fine in the amount of $1,680, and what it termed a “general fund fine” of $10,000 plus a penalty assessment of $31,000.

DISCUSSION

Defendant asserts the $10,000 fine and a $31,000 penalty assessment are unauthorized in this case, and must be stricken. The court imposed the fine as follows: “Mr. Rocco, I am concerned—because of the constellation of health issues and…