Mendez
People v. Mendez
Opinion
Lead Opinion
Defendant, Francisco C. Mtendez, appeals from the judgment entered following his court trial that resulted in his convictions for numerous offenses. Among his crimes were three separate convictions for rape in concert (Pen. Code, §§ 261, subd. (2), 264.1). The court ordered that the rape convictions be served consecutively and gave a statement of reasons for this sentence choice. The court ordered the defendant to pay a restitution fine pursuant to Government Code section 13967. The court ordered that the fine be paid before the termination of defendant’s parole. Defendant asserts that the court erred in imposing consecutive sentences and erred in imposing the condition of payment of the restitution fine before termination of parole.
I., II. †
*1212 III.
The court imposed a $500 restitution fine pursuant to Government Code section 13967. The court stated, “Although the Defendant has no ability to pay at this time [, it] can be paid at any time before termination of parole.”
Defendant asserts that the court erred when it ordered that the fine be paid before termination of his parole. Defendant contends that the imposition of this condition was a meaningless order…