P.

INTRODUCTION

Defendant Lee Derrick Brown alleges that his trial attorney was ineffective

because he failed to object to the imposition of a $10,000.00 restitution fine. We decline

to find counsel ineffective, but will remand the matter to afford the trial court the

opportunity to exercise its discretion regarding the amount of the fine.

FACTS AND PROCEDURAL HISTORY

Defendant is a 32-year-old mentally disabled man with a history of criminal

behavior. In February 2010, he was on parole and living in a non-operable van in a

vacant lot next to an apartment building in Desert Hot Springs where J.G. and her mother

A.C. lived in separate units. Sometimes A.C. gave defendant food; sometimes she

allowed him to go into J.G.’s apartment to wash his hands or take a shower; in the past

she had tried to help him get into a homeless shelter.

On February 21, 2010, while J.G. was away, A.C. let defendant into J.G.’s

apartment to wash up. That evening, after J.G. returned home, defendant, who appeared

to be “flirting” with her, gave her a “love letter” and became angry when she refused to

accept a drink from him or let him spend the night in her apartment. Defendant poured

half a…