PEOPLE v. PALOMAR

Docket No. 13558.

171 Cal.App.3d 131 (1985)

214 Cal. Rptr. 785

THE PEOPLE, Plaintiff and Respondent, v. JULIAN PALOMAR, Defendant and Appellant.

Court of Appeals of California, Third District.

June 10, 1985.


Attorney(s) appearing for the Case

COUNSEL

James D. Skow, under appointment by the Court of Appeal, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Joel Carey and Esteban Hernandez, Deputy Attorneys General, for Plaintiff and Respondent.


OPINION

BLEASE, J.

Defendant challenges the "restitution fine" imposed following his plea of guilty to the offense of forgery (Pen. Code, § 470) because it was predicated upon a statute (Pen. Code, § 1202.4) which became "operative" after the date of his offense.1 He claims that it cannot apply to him. The claim has merit and we will modify the sentence accordingly.

The pertinent facts...

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