People v. Glenn

[738]

Opinion

GILBERT, J.

We affirm the sentence of Karen Glenn who pleaded guilty to 11 counts of forgery. (Pen. Code, § 470.

1

)

In addition to a prison sentence, the judge imposed a $5,000 fine payable to the state restitution fund on count 1 which Glenn committed in 1984. (Pen. Code, § 1202.4.)

II

Defendant Glenn challenges the constitutionality of the $5,000 restitution fine imposed in addition to her prison term pursuant to section 1202.4. She argues that (a) section 1202.4 is vague and uncertain because it fails to provide enforcement procedures, and (b) it constitutes on its face and as applied to her an invidious discrimination against poverty which violates equal protection.

The “Victims’ Bill of Rights” enacted on June 8, 1982, required the Legislature to adopt provisions to implement the right of crime victims to receive restitution from persons convicted of crimes. (Cal. Const., art. I, § 28, subd. (b).) Pursuant to this constitutional amendment, a statutory scheme for restitution was enacted effective January 1, 1984, which requires the sentencing judge to impose fines and penalties.

Section 1202.4 requires the judge, when a defendant is convicted of a felony, to “order the defendant to pay a restitution fine as provided in subdivision (a) of Section 13967 of the Government Code.”

2

Section 13967 requires the judge to impose a restitution fine of $100 to $10,000 on one convicted of a felony plus the penalty assessment provided in section 1464, subdivision (a).

[739]

The section 1202.4 restitution fine is mandated in addition to any other fine or penalty, and “shall be ordered regardless of the defendant’s present ability to pay.” The court may consider the seriousness of the offense, the circumstances of its commission, the economic gain to the defendant, and the extent of the losses (pecuniary and intangible) suffered by others as a result of the offense(s) in determining the restitution fine. The court may waive imposition of that portion of the restitution fine which exceeds the statutory minimum only if it finds “compelling and extraordinary” reasons for so doing, which it must state specifically in the record.