P. v. Alvarez
In March 1996, Fidel Ruben Alvarez was sentenced to three life terms, plus a consecutive three-year term, for the attempted premeditated murder of three people and assault with a firearm. The trial court ordered him to pay a $2,500 restitution fine, but failed to order direct restitution. On October 16, 2006, the trial court modified the sentence to include an order for $8,349.55 in direct restitution.
Alvarez contends the trial courts application of the current version of Penal Code[1] section 1202.4 and recently enacted section 1202.46 to crimes he committed in 1994 violates the ex post facto and due process provisions of our state and federal Constitutions. In addition, he asserts the trial court abused its discretion in failing to determine whether compelling and extraordinary reasons existed to justify ordering less than full restitution. The Attorney General concedes the courts order regarding the restitution fine must be reduced to $1,650.45. As modified, the judgment is affirmed.
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