People v. Virk CA3

DISCUSSION

Defendant attacks the $500 fine and $1,550 assessment, reasoning: “Presumably, this fine was ordered pursuant to Penal Code section 672, as there is no other apparent basis for the fine.”5 He points out that this provision applies only where no other fine is prescribed by statute, but section 1202.5 prescribes a fine of $10 for any theft offense.

For example, the first two items on the list read: “Penal Code § 1464(a): ‘. . . a state penalty in the amount of ten dollars ($10) for every ten dollars ($10) . . . upon every fine . . . . [¶] Penal Code § 1465.7(a): ‘surcharge of 20%’ of the fine imposed.” 5 Penal Code 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.” Penal Code section 1202.5, subdivision (a), provides: “(a) In any case in which a defendant is convicted of any of the offenses enumerated in Section 211, 215, 459, 470, 484, 487,…