In re Fry

California Court of Appeal Aug 9, 1971 No. Crim. No. 6156Published

Before: Janes

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Holding. The court held that an indigent defendant cannot be imprisoned for failure to pay a fine without being offered reasonable alternatives to satisfy the fine, as such imprisonment violates the equal protection clause.

Issues

Whether the imprisonment of an indigent defendant for failure to pay a fine violates the equal protection clause of the Fourteenth Amendment.
Whether the petitioner's statements at a probation revocation hearing constituted a valid refusal of alternatives to imprisonment.
Whether habeas corpus is an appropriate remedy when the petitioner failed to exhaust appellate remedies.

Disposition. remanded

Quotations verified verbatim against the opinion

“the imprisonment of a defendant because of his inability, due solely to his indigency, to pay the fine and penalty assessment imposed upon him as a condition of probation violated the equal protection clause of the Fourteenth Amendment.”

“an indigent who would pay his fine if he could, must be given an option comparable to an offender who is not indigent.”

Opinion

JANES, J. Petitioner seeks a writ of habeas corpus from this court on the ground that, as an indigent, he is denied equal protection of the laws by a justice court order which commits him to county jail to serve out a $250 fine at the rate of $5 per day until the fine is paid.

On September 23, 1970, in the Justice Court of the Junction City-Salyer Judicial District (Trinity County), petitioner pled guilty to a Fish and Game Code violation (attempting to take fish other than by angling). He was sentenced to be confined 10 days in jail and to pay a fine of $250. When judgment was pronounced, he informed the court that he had not been working and could not pay the fine. For that reason, the justice court judge suspended execution of sentence, placed petitioner on three years’ probation, and suspended his angling license effective December 26, 1970, in order that petitioner might fish legally, interim, for his winter food.1

On January 26, 1971, in the Superior Court for the County of Trinity, petitioner entered a guilty plea to a violation of Penal Code section 272 (contributing to the delinquency of a minor). He remained free on bail pending further superior court proceedings.

Two days later, on January 28, 1971, the justice court revoked petitioner’s earlier probation because of his section 272 conviction.2 At the revocation hearing, when the court informed him that he would have to pay the $250 fine and serve the 10 days in jail, petitioner said: “I will never pay another fine in Trinity County.” The court then told him that he would have to spend an extra 50 days in jail in lieu of the fine. Petitioner replied, “Jail doesn’t bother me.” He did not at that time claim [180]indigency. The court thereupon committed him to jail for the 10 days and to serve out the fine at the rate of $5 per day.

Thereafter, he petitioned the superior court for a writ of habeas corpus. At the hearing on that petition, he contended that, insofar as it incarcerated him for failure to pay the fine, the justice court’s commitment order was contrary to In re Antazo (1970) 3 Cal.3d 100 [89 Cal.Rptr. 255, 473 P.2d 999] (discussed infra), and denied him equal protection of the laws (U. S. Const., Amend. XIV). On February 16, 1971, the superior court found that petitioner was an indigent, but denied his petition. He was released on his recognizance pending appellate court proceedings. At the time of his release, he had been jailed for approximately 20 days under the justice court commitment.

In re Fry

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