People v. Sandoval

Opinion

ARDAIZ, J.

On September 4, 1987, an information was filed alleging four counts. Count I alleged a violation of Vehicle Code section 23153, subdivision (a), driving under the influence of alcohol or drugs with injury and doing an act forbidden by law. Count II alleged a violation of subdivision (b) of Vehicle Code section 23153, driving with a blood-alcohol level of .10 or above with injury and doing an act forbidden by law. It was further alleged with respect to counts I and II that defendant twice had been convicted of Vehicle Code section 23152, subdivision (a), within three years. Count III alleged a violation of Vehicle Code section 14601.2, subdivision (a), driving when license privilege is suspended or revoked. Count IV alleged a violation of Health and Safety Code section 11357, subdivision (b), possession of marijuana.

On September 8, 1987, defendant was arraigned, admitted the priors and pleaded nolo contendere to count I. The remaining counts were dismissed. Defendant was sentenced to three years in state prison, ordered to pay a fine of $500, plus $250 penalty assessments, and ordered to pay a restitution fine in the amount of $5,000, $4,000 of which was ordered to be paid to Southern California Edison Company whose property was damaged by the accident giving rise to the charge.

[1547]

Discussion

I

Whether the Trial Court Erred in Ordering Defendant to Pay a Restitution Fine to Southern California Edison Company

Penal Code section 1202.4 provides in relevant part that: “In any case in which a defendant is convicted of a felony, the court shall order the defendant to pay a restitution fine as provided in subdivision (a) of Section 13967 of the Government Code. Such restitution fine shall be in addition to any other penalty or fine imposed and shall be ordered regardless of the defendant’s present ability to pay. . . .”

Subdivision (a) of section 13967 of the Government Code provides: “(a) Upon a person being convicted of any crime in the State of California, the court shall, in addition to any other penalty provided or imposed under the law, order the defendant to pay restitution in the form of a penalty assessment in accordance with Section 1464 of the Penal Code. In addition, if the person is convicted of one or more felony offenses, the court shall impose a separate and additional restitution fine of not less than one hundred dollars ($100) and not more than ten thousand dollars ($10,000). In setting the amount of the fine for felony convictions, the court shall consider any relevant factors including, but not limited to, the seriousness and gravity of the offense and the circumstances of its commission, any economic gain derived by the defendant as a result of the crime, and the extent to which others suffered losses as a result of the crime. Such losses may include pecuniary losses to the victim or his or her dependents as well as intangible losses, such as psychological harm caused by the crime. Except as provided in Section 1202.4 of the Penal Code and subdivision (c) of this section, under no circumstances shall the court fail to impose the separate and additional restitution fine required by this section. This fine shall not be subject to penalty assessments as provided in Section 1464 of the Penal Code.”