Error and/or relief
The trial court imposed a restitution fine of $400, believing that $400 was the minimum. The appellate court revised the judgment to impose the intended minimum restitution fine of $300.
First Holding:
The minimum restitution fine for a defendant convicted of a felony is $300.
Authority:
PEN 1202.4(b)(1)
Second Holding:
We may review an asserted legal error in sentencing for the first time on appeal even if the defendant did not object in the trial court. When sentencing error does not require additional evidence, further fact finding, or further exercise of discretion, the appellate court may modify the judgment appropriately and affirm it as modified.
Authority:
People v. McCullough (2013) 56 Cal.4th 589, 594
People v. Haskin (1992) 4 Cal.App.4th 1434, 1441