Does the Attorney General have the authority to modify the statutory maximum fine imposed at sentencing?

California, United States of America


The following excerpt is from People v. Cook, F066847, F066872 (Cal. App. 2015):

59. Because the fines imposed were within the statutorily authorized range, they did not amount to an unauthorized sentence. Accordingly, defendants' claim arguably was forfeited by their failure to object at sentencing. (See People v. Martinez (2014) 226 Cal.App.4th 1169, 1188-1189.) The Attorney General does not assert forfeiture, however, and finding the issue has not been preserved for appeal would almost certainly give rise to petitions for writs of habeas corpus on the grounds of ineffective assistance of counsel. (See id. at p. 1190 [no conceivable tactical reason for counsel's failure to object to trial court's mistaken use of minimum statutory fine in effect at sentencing].) Rather than waste scarce judicial resources, we accept the Attorney General's concession that the fines must be modified.

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