People v. Tillman

Opinion

BROWN, J.

Two provisions of the Penal Code—sections 1202.4 and 1202.45

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—require trial courts to impose a restitution fine as part of the judgment of conviction entered against a criminal defendant and, in cases

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where parole is granted, an additional fine in the same amount suspended unless parole is later revoked. The restitution fine under section 1202.4 is mandatory unless the sentencing court, in the words of the statute, “finds compelling and extraordinary reasons for not doing so, and- states those reasons on the record.” (§ 1202.4, subd. (b).) In cases in which the court imposes a restitution fine, imposition of a parole revocation fine is also mandatory. (§ 1202.45.)

At times, sentencing courts have failed to discharge the duty imposed by these statutes, omitting the fines from judgments of conviction without making the required finding on the record. In several such cases, the People have sought to have the omission supplied while the case was on appeal, asking the Court of Appeal to amend the trial court’s judgment to add the fines. The fate of these requests has not been uniform, with appellate courts variously granting and denying them. In some cases, the Court of Appeal has rejected the People’s request on the ground the statutory obligation is one imposed on the trial court and is not the responsibility of the appellate court. In others, including the one before us here, the appellate court has taken the opposite tack. These courts reason that remanding the case to the trial court to add the fines is uneconomical, and hold the Courts of Appeal possess jurisdiction to amend the judgment by incorporating them. That is what the Court of Appeal did here, amending the judgment to add restitution fines of $200, the minimum permitted by the statutes. (See § 1202.4, subd. (b)(1).)

Neither of these differing views is without merit. However, recent precedents of this court lead us to conclude the waiver doctrine bars the People from obtaining the relief they seek on appeal. Our most recent opinion applying the waiver doctrine to a sentencing issue is

People v. Scott