P.

DISCUSSION

A. Restitution Fine

The record shows Banales committed the instant offenses in September 2011. At

that time, section 1202.4, subdivision (b)(1) provided, "[t]he restitution fine shall be set at

the discretion of the court and commensurate with the seriousness of the offense, but

shall not be less than two hundred dollars ($200) and not more than ten thousand dollars

($10,000)." (Stats. 2005, ch. 240, § 10, italics added.) Section 1202.4, subdivision (b),

as amended in 2011 and effective January 1, 2012, provides for a minimum $240 fine.

(See Stats. 2011, ch. 358.) The statutory maximum did not change, however. (See

§ 1202.4, subd. (b)(1).)

3 Banales contends the imposition of the $240 fine violated the constitutional

prohibition against the ex post facto application of a law because the court intended to

impose the statutory minimum and therefore erroneously imposed the minimum

applicable in 2012 (i.e., $240), rather than the minimum that governed crimes committed

before then (i.e., $200). We are not persuaded.

For one thing, there is no ex post facto application of section 1202.4, subdivision

(b)(1) because the court had discretion to impose a…