People v. Villalobos

Opinion

LIU, J.

We granted review to address whether imposition of a mandatory restitution fine violates a defendant’s plea agreement where the parties fail to make the fine an express term of the agreement and where the trial court fails to mention the fine during the plea colloquy. We explained in People v. Crandell (2007) 40 Cal.4th 1301 [57 Cal.Rptr.3d 349, 156 P.3d 364] {Crandell), that “ ‘the core question in every case is . . . whether the restitution fine was actually negotiated and made a part of the plea agreement, or whether it was left to the discretion of the court.’ ” {Id. at p.…