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Name: People v. Allen
Case #: C010453
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 04/30/2001
Subsequent History: None

A fine “in the form of a penalty assessment” pursuant to Penal Code section 1202.4, subdivision (a)(2) requires an underlying fine upon which the penalty can be assessed. The court reached this conclusion based upon the plain language of the statute, its legislative history, and analogous statutory interpretations. However, under Penal Code section 672, the court had the discretion to impose a fine up to $10,000 in felony cases “in relation to which no fine herein is prescribed.” Since no fine is prescribed for burglary, the offense here, the trial court could have imposed a fine under this section. The court remanded for consideration of this issue, but noted that any fine imposed on remand would be limited to $2000, the amount originally imposed, purportedly under section 1202.4, subdivision (a)(2).