People v. Griffin

Opinion

THE COURT

*

Appellant was convicted on his guilty plea entered in superior court to one count of petty theft with a prior conviction of petty theft (Pen. Code, § 666). The offense giving rise to the charge was the theft of three cartons of cigarettes, having a value of $26, from a Save-Mart store in Exeter, California. Appellant was sentenced to the middle term of two years in prison and was ordered to pay a restitution fine of $2,000 pursuant to Government Code section 13967.

The sole issue on appeal is whether the trial court abused its discretion in imposing the restitution fine. Appellant contends that the record does not reflect circumstances sufficient to support the imposition of a $2,000 fine for the theft of cigarettes valued at $26.

[741]

Government Code section 13967 provides in pertinent part: “(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. . .

.” (Italics added.)

A fine levied pursuant to Government Code section 13967 is a form of punishment.

(People

v.