People v. Gentry

Opinion

STEIN, J.

Appellant Richard Eugene Gentry appeals from the imposition of a $5,000 restitution fine pursuant to Government Code section 13967, subdivision (a). Appellant contends that it was error to impose the fine because it violated the terms of his plea agreement. Arguing in the alternative, appellant contends that even if the plea bargain was not violated, it was error to impose the restitution fine without a consideration of appellant’s ability to pay. For the reasons stated below, we hold (1) that the imposition of the fine did not violate the terms of the plea agreement, (2) that…