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People v. Tillman

Supreme Court of California
Feb 24, 2000
22 Cal.4th 300 (Cal. 2000)

Summary

In People v. Tillman (2000) 22 Cal.4th 300, 302-303 [ 92 Cal.Rptr.2d 741, 992 P.2d 1109], we held that a prosecutor's failure to object to the trial court's not stating on the record its reasons for not imposing a section 1202.4 restitution fine waived that argument on appeal.

Summary of this case from People v. Avila

Opinion

S077360

Filed February 24, 2000

Appeal from Superior Court, Los Angeles County, Arthur H. Jean, Jr., Judge, Ct. App. 2/4 No. B119961 Super.Ct. No. NA031867, Review Granted 69 Cal.App.4th 945.

Suzan E. Hier and Richard Lennon, under appointments by the Supreme Court, and Leonard J. Klaif, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Carol Wendelin Pollack, Assistant Attorney General, Allison H. Ting, Chung L. Mar, Susan D. Martynec and Kenneth N. Sokoler, Deputy Attorneys General, for Plaintiff and Respondent.


Two provisions of the Penal Code — sections 1202.4 and 1202.45 — require trial courts to impose a restitution fine as part of the judgment of conviction entered against a criminal defendant and, in cases where parole is granted, an additional fine in the same amount suspended unless parole is later revoked. The restitution fine under section 1202.4 is mandatory unless the sentencing court, in the words of the statute, "finds compelling and extraordinary reasons for not doing so, and states those reasons on the record." (§ 1202.4, subd. (b).) In cases in which the court imposes a restitution fine, imposition of a parole revocation fine is also mandatory. (§ 1202.45.)

Statutory citations are to the Penal Code. As pertinent here, subdivision (b) of section 1202.4 provides: "In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record." Section 1202.45 provides: "In every case where a person is convicted of a crime and whose sentence includes a period of parole, the court shall at the time of imposing the restitution fine pursuant to subdivision (b) of Section 1202.4, assess an additional restitution fine in the same amount as that imposed pursuant to subdivision (b) of Section 1202.4. This additional restitution fine shall be suspended unless the person's parole is revoked."

At times, sentencing courts have failed to discharge the duty imposed by these statutes, omitting the fines from judgments of conviction without making the required finding on the record. In several such cases, the People have sought to have the omission supplied while the case was on appeal, asking the Court of Appeal to amend the trial court's judgment to add the fines. The fate of these requests has not been uniform, with appellate courts variously granting and denying them. In some cases, the Court of Appeal has rejected the People's request on the ground the statutory obligation is one imposed on the trial court and is not the responsibility of the appellate court. In others, including the one before us here, the appellate court has taken the opposite tack. These courts reason that remanding the case to the trial court to add the fines is uneconomical, and hold the Courts of Appeal possess jurisdiction to amend the judgment by incorporating them. That is what the Court of Appeal did here, amending the judgment to add restitution fines of $200, the minimum permitted by the statutes. (See § 1202.4, subd. (b)(1).)

Neither of these differing views is without merit. However, recent precedents of this court lead us to conclude the waiver doctrine bars the People from obtaining the relief they seek on appeal. Our most recent opinion applying the waiver doctrine to a sentencing issue is People v. Scott (1994) 9 Cal.4th 331 [ 36 Cal.Rptr.2d 627, 885 P.2d 1040]. There, "[f]aced squarely with the issue for the first time," we held the doctrine "should apply to claims involving the trial court's failure to properly make or articulate its discretionary sentencing choices." ( Id. at p. 353.) The opinion in Scott relied in turn on People v. Welch (1993) 5 Cal.4th 228 [ 19 Cal.Rptr.2d 520, 851 P.2d 802], another sentencing case. In Welch, we enforced "[t]raditional objection and waiver principles" against a defendant who sought for the first time on appeal to litigate the reasonableness of the conditions of probation imposed by the trial court. ( Id. at p. 236.) We reasoned that waiver principles "encourage development of the record and a proper exercise of discretion in the trial court," as well as helping to "discourage . . . invalid probation conditions and reduce the number of costly appeals brought on that basis." ( Id. at pp. 236, 235; cf. People v. Walker (1991) 54 Cal.3d 1013 [ 1 Cal.Rptr.2d 902, 819 P.2d 861].)

Both Scott and Welch involved criminal defendants who sought correction of alleged sentencing errors on appeal after having failed to object in the trial court; here, of course, the party seeking to have the sentence modified on appeal is the People, acting through the Attorney General. We see no material difference in that circumstance, however. Animating the result in Scott was the following "practical and straightforward" reasoning: "Although the court is required to impose sentence in a lawful manner, counsel is charged with understanding, advocating, and clarifying permissible sentencing choices at the hearing. Routine defects in the court's statement of reasons are easily prevented and corrected if called to the court's attention. As in other waiver cases, we hope to reduce the number of errors committed in the first instance and preserve the judicial resources otherwise used to correct them." ( People v. Scott, supra, 9 Cal.4th at p. 353, italics added.)

The same rationale applies in this case. The trial court here failed to state on the record its reasons for not imposing the restitution fines; the Scott trial court failed to state on the record its reasons for making a discretionary sentencing choice, a finding required by section 1170. In Scott, we held the defendant's objection to the trial court's omission had been waived by the failure to make it at the time of sentencing. Here, we conclude the People's failure to object leads to the same result.

The judgment of the Court of Appeal is reversed.

We concur:

GEORGE, C.J. MOSK, J. KENNARD, J. BAXTER, J. WERDEGAR, J. CHIN, J.


Summaries of

People v. Tillman

Supreme Court of California
Feb 24, 2000
22 Cal.4th 300 (Cal. 2000)

In People v. Tillman (2000) 22 Cal.4th 300, 302-303 [ 92 Cal.Rptr.2d 741, 992 P.2d 1109], we held that a prosecutor's failure to object to the trial court's not stating on the record its reasons for not imposing a section 1202.4 restitution fine waived that argument on appeal.

Summary of this case from People v. Avila

In People v. Tillman (2000) 22 Cal.4th 300, 303 (Tillman), we held that appellate courts may not correct a "discretionary sentencing choice" if the People failed to object at sentencing.

Summary of this case from People v. Talibdeen

In Tillman, we applied the waiver rule to a case in which the trial court failed to articulate a reason for its omission of the restitution and parole revocation fines.

Summary of this case from People v. Smith

In People v. Tillman (2000) 22 Cal.4th 300, 302, our Supreme Court held that the prosecution's failure to object to the lack of an oral pronouncement of fines and fees forfeited an appellate claim the fines and fees were erroneously not imposed.

Summary of this case from People v. Mosier

In People v. Tillman (2000) 22 Cal.4th 300 the California Supreme Court held that an appellate court may not correct the sentencing court's failure to impose a restitution fine and an associated parole revocation restitution fine where the People failed to object in the trial court.

Summary of this case from People v. Jimenez

In People v. Tillman (2000) 22 Cal.4th 300, 302, the Supreme Court wrote, "The restitution fine under [Penal Code] section 1202.4 is mandatory unless the sentencing court, in the words of the statute, 'finds compelling and extraordinary reasons for not doing so and states those reasons on the record.'"

Summary of this case from Riverside Cnty. Dep't of Pub. Soc. Servs. v. J.C. (In re S.C.)

In Tillman, as here, the trial court failed to impose the restitution fines and did not state its reasons for not imposing them on the record.

Summary of this case from People v. Gaoa

In Tillman, our Supreme Court unanimously applied the forfeiture doctrine of Scott and held the district attorney's failure to object to the trial court omitting the restitution fine without stating its reasons forfeited the issue on appeal.

Summary of this case from People v. Brown

In Tillman, the Court of Appeal modified the judgment by adding a restitution fine under section 1202.4, subdivision (b), and a matching parole revocation restitution fine under section 1202.45 in the same amount.

Summary of this case from People v. Hughes

In Tillman, the trial court failed to impose a restitution fine under section 1202.4, subdivision (b) and did not state reasons for not imposing the fine.

Summary of this case from People v. Hughes

In Tillman, as here, the trial court failed to impose the restitution fines and did not state on the record its reasons for not imposing them.

Summary of this case from People v. Hernandez

discussing the discretionary nature of restitution fines

Summary of this case from People v. Geebroomfield

In Tillman, prosecutors did not object when the trial court did not order the defendant to pay restitution fines at sentencing.

Summary of this case from People v. Reese

In Tillman, the prosecutor did not object when the trial court failed to impose restitution fines pursuant to sections 1202.4 and 1202.45. (Tillman, at pp. 301-302.)

Summary of this case from People v. Loper

In Tillman, the court explained that waiver principles encourage the proper development of the record and exercise of the trial court's discretion and help reduce the number of costly appeals.

Summary of this case from People v. Chandler

In People v. Tillman (2000) 22 Cal.4th 300 (Tillman) the California Supreme Court held that an appellate court may not correct the sentencing court's failure to impose a restitution fine and an associated parole revocation restitution fine where the People failed to object in the trial court.

Summary of this case from People v. Rodriguez

In People v. Tillman (2000) 22 Cal.4th 300 (Tillman), our Supreme Court found that the appellant—in that case the People—had waived its right to challenge the "sentencing court's failure to discharge the duty imposed by the statutes."

Summary of this case from People v. Ojeda

In Tillman, the tables were turned, in that the People sought to have these same two fines imposed on appeal after the trial court had omitted to either impose the fines or state its reasons for not imposing them.

Summary of this case from People v. Ojeda

In Tillman, the Supreme Court held that the failure to object to the trial court's failure to impose restitution fines resulted in waiver of the issue and barred prosecution from raising the objection on appeal.

Summary of this case from People v. Lewis

In Tillman, the prosecutor did not object when the trial court failed to impose restitution fines pursuant to sections 1202.4 and 1202.45. (People v. Tillman, supra, at pp. 301-302.)

Summary of this case from People v. Pesqueira

In Tillman, the Court of Appeal had amended the judgment to add restitution fines omitted without reasons by the trial court.

Summary of this case from People v. Mesa

In People v. Tillman (2000) 22 Cal.4th 300, 303, our Supreme Court ruled that if the People fail to object in the trial court to the court’s failure to impose fines under section 1202.4, subdivision (b) and section 1202.45, they cannot raise that issue on appeal.

Summary of this case from People v. Gates

In People v. Tillman (2000) 22 Cal.4th 300 (Tillman), the Supreme Court applied the general rule of forfeiture to a restitution fine.

Summary of this case from People v. McBade

In Tillman, the trial court failed to impose a restitution fine and failed to state on the record “compelling and extraordinary reasons for not doing so,” as required by section 1202.4, subdivision (b).

Summary of this case from People v. McBade

In Tillman, the court discussed its decision in Scott, together with its earlier decision in People v. Welch (1993) 5 Cal.4th 228. Waiver principles, it reiterated, encourage the proper development of the record and exercise of the trial court’s discretion and help reduce the number of costly appeals based on invalid probation conditions.

Summary of this case from People v. Pina
Case details for

People v. Tillman

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. ELDON DEE TILLMAN, Defendant and…

Court:Supreme Court of California

Date published: Feb 24, 2000

Citations

22 Cal.4th 300 (Cal. 2000)
92 Cal. Rptr. 2d 741
992 P.2d 1109

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