People v. Miguel CA3

DISCUSSION

We dispense with a further recitation of the facts because they are not relevant to defendant’s contentions on appeal. Section 1202.4, subdivision (b)(1) provides in relevant part: “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).” Defendant asserts that $300 was not the minimum fine amount for his offenses committed in 2012 and 2013. He argues the minimum amount was $240 for 2012 and $280 for 2013. According to defendant, the trial court “clearly” intended to impose the minimum statutory amounts for the fines because it said it would “impose only the mandatory fees and fines” but “waive any discretionary fees and fines.” Defendant claims only the minimum amount of each fine is mandatory; any higher amount is discretionary. The People counter that defendant forfeited this contention because he did…