Error and/or relief
The trial court erred in imposing a $100 infraction fine after defendant failed to submit a firearm relinquishment form. Here, the People did not charge or approve the charging of an infraction for failure to file a completed Prohibited Persons Relinquishment Form. Nevertheless, the trial court found that defendant did not file the required form and imposed the $100 fine. As the People concede, this was beyond its power to do. We will modify the judgment to strike the fine.
Holding:
The court may not unilaterally fine a defendant for failing to complete a firearms relinquishment form. The process requires first that a prosecutor file a complaint alleging violation of Penal Code section 29810. Section 29810 requires persons convicted of a felony to relinquish all firearms within a prescribed period of time following the conviction. Failure by a defendant to timely file the completed Prohibited Persons Relinquishment Form with the assigned probation officer shall constitute an infraction punishable by a fine not exceeding $100. But due process of law requires that criminal prosecutions be instituted through the regular processes of law. These regular processes include the requirement that the institution of any criminal proceeding be authorized and approved by the district attorney.
Authority:
PEN 29810
People v. Villatoro (2020) 44 Cal.App.5th 365, 369