Can a court apply an increased minimum restitution fine retroactively to a defendant whose crime occurred prior to the increase in the maximum restitution fine?

California, United States of America


The following excerpt is from People v. Summerise, F068314 (Cal. App. 2015):

54 Cal.4th 90, 143.) An increase in the minimum restitution fine makes the authorized punishment more burdensome. (People v. Saelee, supra, at pp. 30-31.) Therefore, a court cannot apply an increased minimum restitution fine retroactively to a defendant whose crime occurred prior to the increase in the minimum restitution fine.

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