P. v. Kennedy
Defendant entered a negotiated no contest plea to a charge he conspired to commit the crime of pimping. He received a threeyear prison sentence.
Defendant contends the restitution fines are error, because the trial court never imposed them. The Attorney General agrees.
Under the circumstances, Court choose the remedy urged by defendant. To avoid (among other evils) the anomaly of restitution fines costing more money than they generate, it is appropriate for an appellate court to impose the statutory minimum restitution fine when the trial court has failed to refer to any restitution fine at sentencing. (Cf. People v. Walker (1991) 54 Cal.3d 1013, 1029, citing People v. Vasquez Diaz (1991) 229 Cal.App.3d 1310, 1316.) The judgment is modified,
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