P. v. McCarroll
A jury convicted appellant, Tracy Scott McCarroll, of battery on a cohabitant (Pen. Code, § 273.5, subd. (a)),[1] evading a police officer (Veh. Code, § 2800.2, subd. (a)), driving in the direction opposite to lawful traffic during willful flight (Veh. Code, § 2800.4), possession of marijuana for purposes of sale (Health & Saf. Code, § 11359), and false imprisonment (§§ 236, 237, subd. (a)). The court imposed a prison term of five years and ordered that appellant pay various fines and fees, including a restitution fine of $1,200 under former section 1202.4, subdivision (b).
On appeal, appellant argues that the restitution fine, because it exceeded the statutory minimum and was based on facts found by the sentencing court, rather than by a jury, violated his federal constitutional right to trial by jury under principles set forth in Apprendi v. New Jersey (2000) 530 U.S. 466 (Apprendi) and Southern Union Co. v. U.S. (2012) ___ U.S. ____ [132 S.Ct. 2344, 2357] (Southern Union Co.). We affirm.
Comments on P. v. McCarroll