People v. Hernandez CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Defendant pleaded guilty to assault with a deadly weapon while confined in a penal institution (Pen. Code, § 4501, subd. (a); unspecified statutory section citations that follow are to the Penal Code), and admitted he personally inflicted great bodily injury on the victim (§ 12022.7, subd. (a)). Defendant also admitted he suffered a prior strike conviction (§ 667, subds. (b)-(i)). Defendant was sentenced to a prison term of seven years. The trial court also imposed a $300 restitution fine under section 1202.4. At sentencing, defendant objected to the imposition of the fine, arguing he did not have the ability to pay the fine. The trial court asked whether defendant wished to have a hearing, with the understanding it would be his burden to prove his inability to pay. Defendant did not agree it was his burden but provided an offer of proof that he has no income, no ability to receive an income, and was still in debt from outstanding fines from his previous conviction. The People accepted the offer of proof. The trial court found that the $300 restitution fine was mandatory. The court noted that it was without sufficient information as to…