People v. Cole CA3

DISCUSSION

Given the issue presented, it is not necessary to describe the underlying facts pertaining to defendant’s offense. Defendant contends the $200 fine imposed pursuant to section 672 constitutes an unauthorized sentence because section 672 applies only when no other fine is prescribed, but here a fine for burglary is prescribed in section 1202.5. Section 672 provides: “Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.” “The language used in section 672 demonstrates that it was meant to provide a fine for offenses for which another statute did not impose a fine. In other words, this is a catchall provision allowing a fine to be imposed for every crime, even if the statute criminalizing the conduct did not specifically authorize a fine. The limiting provision was meant to ensure that a fine pursuant to section 672 would not be imposed if another statute authorized a fine for the…