Can a fine be imposed under section 672 of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Cole, C077042 (Cal. App. 2015):

"The language used in section 672 demonstrates that it was meant to provide a fine for offenses for which another statute did not impose a fine. In other words, this is a catchall provision allowing a fine to be imposed for every crime, even if the statute criminalizing the conduct did not specifically authorize a fine. The limiting provision was meant to ensure that a fine pursuant to section 672 would not be imposed if another statute authorized a fine for the offense." (People v. Breazell (2002) 104 Cal.App.4th 298, 304.)

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Defendant pleaded no contest to a violation of section 459, first degree burglary of an inhabited dwelling. Section 461 sets forth the punishment for burglary but does not prescribe a fine for burglary. ( 461; People v. Allen (2001) 88 Cal.App.4th 986, 999.)

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