People v. Walker

Opinion

ARABIAN, J.

We granted review in this case to resolve a conflict in the Court of Appeal over the proper means of remedying the erroneous imposition of a restitution fine. As explained below, we order the restitution fine of this case reduced to the statutory minimum of $100.

I. Facts

Defendant was charged by information with two felony counts, including, in count 2, the attempted use of a destructive device with the intent to injure or intimidate. (Pen. Code, § 12303.3.) According to the probation report, defendant placed in his ex-wife’s car a bomb which was designed to detonate when the…