P. v. Ellis CA4/1
The instant case requires us to interpret Penal Code section 2085.5, subdivision (a). That subdivision allows the California Department of Corrections and Rehabilitation (CDCR) to deduct a portion of an inmate's prison wages if that inmate owes a restitution fine under certain enumerated statutes. (See § 2085.5, subd. (a).)
In 1992, Victor Lee Ellis was sentenced to prison for seven years and was accessed a fine under section 1202.4, which qualified for garnishment under section 2085.5, subdivision (a). In 1999, Ellis finished serving his prison sentence.
Ellis returned to prison in 2011. Under section 2085.5, subdivision (a), the CDCR resumed deducting a portion of Ellis's prison wages based on the fine arising out of his 1992 crime. Ellis now maintains the CDCR does not have authority to garnish his prison wages under section 2085.5, subdivision (a) because he no longer is in custody for the 1992 crime.
We disagree with Ellis's reading of section 2085.5,
Comments on P. v. Ellis CA4/1