Daniels

A jury convicted defendant James C. Daniels of second degree murder using a deadly weapon, a knife. He was sentenced to a prison term of 16 years to life and ordered to pay $3,400 in restitution, comprising stipulated direct victim restitution in the amount of $3,000 (Pen. Code, § 1202.4, subd. (f)), 1 a $200 restitution fine (§ 1202.4, subd. (b)), and a corresponding $200 parole revocation restitution fine, stayed (§ 1202.45).

We overturned the conviction on appeal because the trial court failed to give necessary jury instructions on the lesser included offense of involuntary manslaughter. {People v. Daniels (Mar. 11, 2011, B219184) [nonpub. opn.].) 2 Defendant was then retried and reconvicted on the same charge and was again sentenced to 16 years to life in prison. He was again ordered to pay restitution, this time in the amount of $10,000, comprising a $5,000 restitution fine and an equal parole revocation restitution fine (stayed), but no direct victim restitution.

On appeal, defendant contends the increased monetary sentence violates state constitutional protections against double jeopardy. Although defendant arguably has forfeited the claim of error because he did…