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Name: People v. Walz
Case #: B198077
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 03/14/2008

The imposition of a lower fine for a sex offender is unauthorized by statute. Following conviction for multiple sex offenses, the trial court imposed a $200 sex offender fine as well as restitution fines. On appeal, the appellate court concluded that the $200 fine was unauthorized. Section 290.3, subdivision (a) requires a fine of $300. The language of the statute is mandatory and not amenable to an interpretation granting the trial court discretion to impose a lower fine. The case was remanded in order for the trial court to vacate the $200 fine and impose a $300 fine if appellant qualifies under the statute. If the trial court imposes that fine, it was also ordered to impose the mandatory penalty assessments and surcharges, as well as the court security fee for each conviction.