People v. Serna

California Court of Appeal Jul 22, 1988 No. C003520Published

Before: Sparks

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Holding. The court held that Government Code section 13967 allows a trial court to impose both a restitution fine and direct restitution to a victim, provided the combined total does not exceed the statutory maximum of $10,000.

Issues

Whether Government Code section 13967 permits a trial court to impose both a restitution fine and direct restitution when a defendant is denied probation.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Subdivision (c) authorizes direct restitution in lieu of “all or a portion of’ the restitution fine.”

“If the words “in lieu of imposing all or a portion of the restitution fine” mean anything, they must mean that, in circumstances where subdivision (c) applies, the court may impose both a restitution fine and order restitution to the victim”

Opinion

SPARKS, J.

Defendant entered a negotiated plea of guilty to three counts of selling heroin (Health & Saf. Code, § 11352). He was sentenced to state prison for a total term of seven years and eight months. The trial court also ordered defendant to pay a restitution fine of $1,600 and to pay direct restitution to the victim in the sum of $120.

Defendant’s sole contention is that the court erred in imposing the restitution fine pursuant to Government Code section 13967. According to defendant, on the facts of his case, only direct restitution was appropriate. We disagree, and shall affirm the judgment.

Discussion

Since the facts underlying defendant’s conviction are not at issue on appeal, we have no occasion to recite them. Instead, we turn directly to the restitution question, the only issue on appeal.

[730]

Government Code section 13967 is designed to compensate crime victims for economic losses suffered as a direct result of a crime. It accomplishes that goal by providing both for restitutions fines and for direct restitution payments to victims. The fines are deposited in the Restitution Fund in the State Treasury. (Gov. Code, § 13967, subd. (b).) Those funds are then available to victims of crime who file an application for assistance. (Gov. Code, § 13961.) When an application is approved, the board may authorize a direct cash payment or other treatment or services. (Gov. Code, § 13965.) Absent federal funds, the maximum total award to or on behalf of a victim may not exceed $23,000. (Gov. Code, § 13965, subd. (a) (5).) These funds are derived from the application of subdivision (a) of section 13967. This subdivision provides in relevant part: “[I]f the [defendant] 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). . . . Except as otherwise 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. . . .”

People v. Serna

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SPARKS, J.

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