People v. FredericksonAnnotate this Case
The Supreme Court affirmed the judgment of the trial court convicting Defendant of first-degree murder, finding Defendant was sane at the time of the crimes, and sentencing Defendant to death, but struck an improperly imposed restitution fine, holding that the restitution fine should be stricken from the abstract of judgment and that any other error was not prejudicial.
The trial court imposed a $10,000 restitution fine but did not impose the fine at the sentencing hearing. Rather, the fine was later added to the abstract of judgment. The Supreme Court ordered the restitution fine stricken from the record and the minutes because the trial court never imposed the fine in open court in Defendant's presence. The Court assumed other errors during the trial proceedings but found no prejudice. Further, the Court held that the error regarding the restitution fine and any assumed error were not cumulatively prejudicial.