P.

P. v. Ramirez CA5

Good Law
Court of Appeal of CaliforniaMay 14, 2013F064614California598 words

Opinion

Opinion

FACTS AND PROCEDURAL HISTORY

On August 30, 2010, defendant and another man took an SUV from Juan Hernandez at gunpoint. Defendant pled guilty to one count of carjacking in violation of Penal Code section 215, subdivision (a), in a plea bargain that provided for imposition of the middle term of five years in prison. (See id., subd. (b).) On March 15, 2012, the court sentenced defendant to five years in prison and imposed various fines and penalties, including a restitution fine of $240 pursuant to Penal Code section 1202.4, as recommended in the presentencing report. Defendant did not object to the restitution fine.

DISCUSSION

Penal Code section 1202.4, subdivision (b), at all relevant times has required imposition of a restitution fine in felony cases, with exceptions not relevant here. At all relevant times, the fine could not exceed $10,000. (Ibid.) The issue on this appeal arises because prior to January 1, 2012, the minimum restitution fine under Penal Code section 1204, subdivision (b), was $200 (see Stats. 1996, ch. 629, § 3), but thereafter— and at the time of sentencing in this case—the minimum fine was $240. (Pen. Code, § 1202.4, subd. (b).) Thus, while the fine…

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