Ct.App. 6 H031237 Santa Clara County Super. Ct. Nos. CC506587, CC507417, CC508203. Judge: Rodney J. Stafford.
The opinion of the court was delivered by: Corrigan, J.
The Penal Code requires the imposition of a restitution fine "[i]n every case where a person is convicted of a crime." (Pen. Code, § 1202.4, subd. (b).)*fn1 A suspended parole revocation restitution fine is also mandatory "[i]n every case where . . . [the] sentence includes a period of parole." (§ 1202.45.) Here, the Court of Appeal held that when several separately filed cases are disposed of at a single hearing under a plea bargain, the cases have been "effectively consolidated" and only one set of fines may be imposed under sections 1202.4 and 1202.45. We reverse.
In case No. CC506587, filed September 30, 2005, defendant was charged with two counts of vehicle theft, reckless driving, hit-and-run driving, resisting an officer, and driving without a license. The complaint alleged that these crimes took place on or about September 28, 2005.
Case No. CC507417 was filed October 11, 2005. Defendant and a co-defendant were charged with attempted premeditated murder, two counts of assault with a firearm, and shooting at an occupied motor vehicle, all on September 20, 2005. An amended complaint was filed March 16, 2006, in which enhancement allegations regarding use and possession of handguns were modified.
In case No. CC508203, filed October 18, 2005, defendant was charged with stealing a vehicle on May 19, 2005.
On March 16, 2006, before any preliminary hearing was held, defendant entered negotiated pleas in all three cases. The premeditation allegation was stricken from the murder charge, and defendant agreed to a total sentence of 35 years eight months. The plea bargain reduced his maximum exposure by six years four months. The court advised defendant that he was "subject to a restitution fund fine of not less than $200 nor more than $10,000 as to each case." Defendant said he understood.
In taking defendant's pleas, the court disposed of each complaint individually. Beginning with the amended complaint in docket No. CC507417, the court read each charge and allegation and asked defendant if he understood them. After receiving affirmative answers, it accepted defendant's plea of guilty to the accusations in that complaint. The court followed the same procedure in docket Nos. CC506587 and CC508203, each time reading the charges and confirming that defendant understood them before taking his plea.
The court imposed the agreed-upon sentence on August 25, 2006. The prison term included the following components: in case No. CC507417, defendant was sentenced to nine years for the attempted murder, with a 20-year enhancement for firearm use. He received one year for each of the two assaults, with firearm enhancements of one year four months each. A concurrent five-year term was imposed for shooting at a vehicle. In case Nos. CC506587 and CC508203, defendant received eight months on each of the three vehicle theft charges. Sentence was suspended on the misdemeanor charges in case No. CC506587.
The court ordered restitution to the victims in case Nos. CC507417 and CC508203. It also imposed restitution fines of $10,000 in case No. CC507417, $400 in case No. CC506587, and $200 in case No. CC508203, with matching suspended parole revocation fines. Defendant did not object.
On appeal, however, defendant claimed that imposing separate fines in each case was unauthorized. The Court of Appeal agreed, holding that the phrase "in every case" in sections 1202.4 and 1202.45 "may reasonably be construed to include multiple cases that are fully and completely resolved at the same time under a package plea bargain."*fn2
We are here concerned not with direct restitution payable by defendants to victims under section 1202.4, subdivision (a), but with fines payable to the state Restitution Fund under section 1202.4, subdivision (b) (section 1202.4(b)) and section 1202.45. Section 1202.4(b) requires the court to impose "a separate and additional restitution fine" of not less than $200 or more than $10,000 "[i]n every case where a person is convicted of a crime," absent "compelling and extraordinary reasons for not doing so." Section 1202.45 similarly requires "an additional parole revocation restitution fine in the same amount as that imposed pursuant to subdivision (b) of Section 1202.4," "[i]n every case where a person is ...