Is a defendant entitled to a restitution fine that was not included in his plea agreement?

California, United States of America


The following excerpt is from People v. Wright, C081518 (Cal. App. 2016):

Finally, defendant contends the trial court erred in imposing fines that were not included in his plea agreement. We find no error. The trial court informed defendant of the restitution fine prior to his plea, and the court operations assessment and court facility fee are mandatory. (People v. Woods (2010) 191 Cal.App.4th 269, 272.) In any event, imposition of the fines and fees was not a significant variance in the context of the plea agreement. (See People v. Walker (1991) 54 Cal.3d 1013, 1024 ["A punishment or related condition that is insignificant relative to the whole . . . may be imposed whether or not it was part of the express negotiations"], overruled on other grounds by People v. Villalobos (2012) 54 Cal.4th 177, 183.)

Other Questions


Does the doctrine of the lesser included offense doctrine apply to a defendant who has pleaded guilty to a charge of a related but not necessarily included crime? (California, United States of America)
Does Defendant have a claim that the trial court abused its discretion to treat Defendant as a "defendant" in a medical malpractice case? (California, United States of America)
Is a non-capitalized defendant entitled to the same procedural protections as a capital defendant? (California, United States of America)
How have courts interpreted section 1203.1(1) of the California Criminal Code to determine that a defendant is entitled to restitution exceeding the damages for which he is held culpable? (California, United States of America)
Can a defendant be convicted of both the lesser included and the greater included crime? (California, United States of America)
Can a defendant be subject to a parole revocation restitution fine if his sentence does not include a period of supervision? (California, United States of America)
Is a defendant entitled to damages if the prosecutor improperly commented upon defendant's failure to testify? (California, United States of America)
Is a third strike defendant entitled to the same sentence as a second strike defendant? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
Does a defendant who accepts a plea agreement that includes a specified sentence have an implicit waiver of his right to challenge the sentence at the Court of Appeal? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.