People v. Uffelman
192 Cal. Rptr. 3d 438
Cal. Ct. App.2015Background
- Defendant Kevin Alexander Uffelman pleaded guilty to burglary (Pen. Code, § 459) and was sentenced to four years in state prison.
- The trial court imposed a total "penal fine" of $735, which included a $200 fine and related penalty assessments; defendant challenges the $200 as unauthorized under Penal Code section 672.
- Section 672 authorizes a court to impose a fine (up to $1,000 for misdemeanors or $10,000 for felonies) where no fine for the offense is otherwise prescribed.
- Section 1202.5 requires a $10 fine for convictions of listed theft-related offenses (including burglary) to fund local crime-prevention programs; defendant argues this statutory $10 precludes any § 672 fine.
- The Court of Appeal reviewed statutory text, legislative history, and precedent concluding § 1202.5 does not "prescribe" the base fine for burglary in the sense that would bar a § 672 fine.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a § 672 fine is authorized for burglary when § 1202.5 mandates a $10 theft fine | The People: § 672 applies because § 1202.5 does not prescribe the base fine for burglary, so an additional § 672 fine is permissible | Uffelman: § 1202.5’s mandatory $10 fine for burglary means a § 672 fine is unauthorized because a fine is already prescribed | Court affirmed: § 1202.5 does not "prescribe" the base fine that would preclude a § 672 fine; both may be imposed |
Key Cases Cited
- People v. Sorenson, 125 Cal.App.4th 612 (2005) (discusses imposition of base fines in addition to confinement)
- People v. Shah, 91 Cal.App.2d 716 (1949) (§ 672 applies to crimes beyond the Penal Code)
- People v. Allen, 88 Cal.App.4th 986 (2001) (court previously concluded no fine was prescribed for burglary for § 672 purposes)
- People v. Clark, 7 Cal.App.4th 1041 (1992) (held a statutory program-specific fine may be additional to § 672, based on legislative intent)
- People v. Martinez, 65 Cal.App.4th 1511 (1998) (addresses multiple fines and their permissibility)
- People v. Breazell, 104 Cal.App.4th 298 (2002) (distinguished: where a statute prescribes a base fine, § 672 is not available)
- Silver v. Brown, 63 Cal.2d 841 (1966) (canon permitting avoidance of absurd statutory results)