People v. Navarro CA4/3

FACTS AND PROCEDURAL BACKGROUND

In late 2010, appellant met a 13-year-old girl online through a social networking website. Although appellant was 28 years old at the time, he started dating the girl, and they had sexual intercourse several times in early 2011. The girl became pregnant and gave birth to appellant’s child in October 2011. Although appellant was working at Jack in the Box at the time he offended, the probation report indicates he lacked the financial ability to pay for the costs of his probation report. The trial court did not make any findings in that regard, but it imposed a restitution fine of $280, which was the minimum amount authorized under Penal Code section 1202.4 at the time appellant was sentenced in 2013. In objecting to that amount, defense counsel argued appellant’s fine should be determined in accordance with the restitution statute that existed at the time appellant committed his offense in 2011, not the time of sentencing.1 However, the trial judge disagreed, stating “[w]e have been told by the Administrative Office of the Courts that [a restitution fine] is kind of a user type fee, and that it goes with the date of conviction. Now, you’re free to…