Uffelman

People v. Uffelman

Good Law
192 Cal. Rptr. 3d 438·2015 Cal. App. LEXIS 784·240 Cal. App. 4th 195
Court of Appeal of CaliforniaSeptember 8, 2015C072479California1,905 words

Opinion

Opinion

Raye, J.

Defendant Kevin Alexander Uffelman pleaded guilty to burglary. (Pen. Code, § 459.) The trial court sentenced him to four years in state prison and ordered him to pay a “penal fine” of $735, comprised of a $200 fine pursuant to sections 672 and 1205 plus related penalty assessments. Defendant contends the section 672 fine is unauthorized. As we shall explain, we disagree and affirm the judgment.

We dispense with a recitation of background facts because they are not relevant to the contention raised on appeal.

DISCUSSION

Many criminal statutes provide for the imposition of a base fine in addition to a jail or prison sentence. (People v. Sorenson (2005) 125 Cal.App.4th 612, 617 [ 22 Cal.Rptr.3d 854 ].) Where the criminal statute does not prescribe the base fine, section 672 authorizes the trial court to impose a fine.

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…

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