People v. Kuhlman

86 Cal.App.2d 566 (1948) THE PEOPLE, Respondent,

v.

LUCILLE M. KUHLMAN et al., Defendants; HELEN VIRGINIA CABELL, Appellant.

Crim. No. 4206. California Court of Appeals. Second Dist., Div. Three.

July 2, 1948. Chotiner & Chotiner and Leland E. Zeman for Appellant.

Fred N. Howser, Attorney General, and Elizabeth Miller, Deputy Attorney General, for Respondent.

WOOD, J.

Defendant Cabell pleaded guilty to a charge of violation of section 337a, subdivision 2, of the Penal Code, a felony, which offense is commonly known as "bookmaking." On February 25, 1947, she was sentenced to imprisonment in the county jail for six months, execution of sentence was suspended, and she was granted probation for the period of three years upon condition that she pay a fine of $1,000. On [567] March 17, 1947, the terms of probation were modified to permit defendant to pay the fine at the rate of $50 a month. On September 22, 1947, the court, in the presence of defendant, made an order revoking the order granting probation, for the reason that defendant had failed to make payments on the fine. Defendant appeals from that order.

[1] Appellant's contention, that the fine of $1,000 is in excess of the maximum fine which the court had the power to impose as a condition of probation herein, is sustained. Section 337a of the Penal Code prescribes that the punishment for violation of that section is imprisonment of not less than 30 days and not exceeding one year. That section does not prescribe a fine as punishment. Section 672 of the Penal Code, however, provides as follows: "Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding two hundred dollars, in addition to the imprisonment prescribed." Section 1203.1 of the Penal Code provides, in part, as follows: "The court ... in the order granting probation and as a condition thereof ... may fine the defendant in such sum not to exceed the maximum fine provided by law in such case. ..." That section 1203.1 also provides that the court, in granting probation "may impose and require any or all of the above mentioned terms of imprisonment, fine and conditions and other reasonable conditions. ..." The court, therefore, had the power to impose a fine as a condition of probation, but the amount of a fine which may be so imposed, for violation of section 337a, is prescribed by section 672 and may not exceed $200.