People v. Israel CA2/3

BACKGROUND

While riding a public bus, Israel pushed himself up against an eight-year-old passenger who was on a school trip. Israel fondled the girl’s knee, then took out his penis and began rubbing it on her leg. An adult chaperone intervened. Israel has a long history of similar sexual behavior on public buses. He was sentenced to state prison for a term of 55 years to life. On the initial appeal, both Israel and the Attorney General raised sentencing issues. We agreed with Israel that a child abuse prevention restitution fine imposed pursuant to section 294 should be stricken because the offense for which he was convicted, child molesting under section 288, is not one of the offenses enumerated in either subdivision (a) or subdivision (b) of section 294.2 We also concluded the trial court erred by not imposing appropriate penalties and surcharges in connection with fines imposed under sections 290.3 and 288, subdivision (e). We then remanded the case for the trial court to determine Israel’s ability to pay the penalties and surcharges that should have been imposed under sections 290.3 and 288, subdivision (e).

1 All further references are to the Penal Code unless otherwise…