People v. Michael CA3

DISCUSSION

At sentencing, the trial court imposed a $300 restitution fine pursuant to section 1202.4, subdivision (b)(1), which provides in relevant part: “In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. “(1) The restitution fine shall be set at the discretion of the court and commensurate with the seriousness of the offense. If the person is convicted of a felony, the fine shall not be less than two hundred forty dollars ($240) starting on January 1, 2012, two hundred eighty dollars ($280) starting on January 1, 2013, and three hundred dollars ($300) starting on January 1, 2014, and not more than ten thousand dollars ($10,000).” Restitution is imposed under the law applicable at the time of the offense, not at the time of sentencing. (People v. Souza (2012) 54 Cal.4th 90, 143.) Defendant argues that the imposition of the $300 restitution fine was a violation of the constitutional prohibition against ex post facto penalties and must be reduced to $280 to reflect the statutory minimum in effect at the…