(Super. Ct. No. 07F02246)
The opinion of the court was delivered by: Blease , Acting P. J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Johnny Sangalang was sentenced to 25 years to life in prison, after attacking a fellow inmate. On appeal, he contends the trial court's imposition of a $10,000 restitution fine was an abuse of discretion. We affirm.
On December 13, 2006, while incarcerated in Folsom State Prison, defendant and two other inmates attacked a fourth inmate by the handball courts. A correctional officer stopped the attack by firing impact rounds (rubber bullets) at the attackers and all the inmates were ordered to "get down." A razor blade and an inmate-manufactured stabbing instrument were found nearby. The victim inmate sustained a laceration from his eyebrow to his lower cheek, which required three sutures. He also sustained three or four additional lacerations to his head, a laceration on his hand, and abrasions on his knee.
The jury was unable to reach a verdict on the charge of attempted murder, but found defendant guilty of assault with a deadly weapon. (Pen. Code, § 245, former subd. (a)(1).)*fn1 The jury also found defendant had been previously convicted of three serious felonies including assault with a deadly weapon by means of force likely to produce great bodily injury with personal infliction of great bodily injury (§§ 245, former subd(a)(1), 12022.7), robbery (§ 211), and assault with a deadly weapon (§ 245, former subd. (a)(1)).
The trial court sentenced defendant to 25 years to life, consecutive to the term he was already serving. When the trial court imposed a $10,000 restitution fine pursuant to section 1202.4, as recommended in the probation officer's report, defense counsel objected, as follows:
"[DEFENSE COUNSEL]: First of all, I would ask, it may seem like a small thing, but it's, for prisoner, a very important thing. I would ask that the Court reduce that fine to the minimum statutory fine of two hundred dollars because Mr. [Sangalang] is being sentenced to life, and he is simply not going to be able to purchase the necessary items for survival in a prison like soap, razor blades, and so on if he is saddled with an enormous fine. I think --
"THE COURT: Razor blades like the one used in this case?
"[DEFENSE COUNSEL]: No. I mean, whatever you are allowed to have. So -- there are minimum comforts for a person serving a prison sentence including a life sentence, and to deprive him of that on top of taking away the rest of his life seems, to me, sort of unnecessary.
"I would ask the Court to reduce it in the Court's discretion, and beyond that I simply wanted to . . . put my objection . . . to the sentence as a violation of the Fifth, Eighth, and Fourteenth Amendments of the United States Constitution, ...