People v. Evers
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After being released from prison, Evers lived in the forest in Mendocino County and obtained food, alcohol, firearms, and other items from occupied and unoccupied residences. Officers, responding to a report that Evers had broken into a residence, chased him. Evers shot toward an officer and escaped. Apprehended, he pleaded guilty to assault on a peace officer with a firearm and agreed to a sentence of 25 years to life in prison. The court ordered Evers to pay direct restitution of $1,450 and $839.99 to two victims, with 10 percent annual interest, and a 15 percent administrative fee plus a $10,000 restitution fine. The court ordered but suspended a $10,000 parole restitution fine. The court stated that Evers would be able to earn wages while incarcerated, so inability to pay was not a reason not to impose or to reduce the restitution fine, The court declined to use a statutory formula to reduce the restitution fine.
The court of appeal modified the judgment. The 15 percent administrative fee was invalid; the statute under which it was imposed was repealed before Evers's sentencing. The court otherwise affirmed. Evers forfeited his argument that the restitution fines were unconstitutional under cases requiring sentencing courts to take into account a defendant’s ability to pay. He did not properly raise his constitutional challenge to the fines by submitting two informal post-judgment motions to the trial court under Penal Code 1237.2.
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