P. v. Lynex CA2/1
A jury convicted defendant and appellant Tommie Lawson Lynex of first degree murder (Pen. Code, § 187, subd. (a)) in 2000. The court sentenced him to a base term of 25 years to life, plus an additional 25 years to life for personally using a firearm to cause great bodily injury or death. (§ 12022.53, subd. (d).) The trial court also imposed a restitution fine of $10,000 (§ 1202.4, subd. (b)), a parole revocation fine of $10,000 stayed pending the completion of parole (§ 1202.45), and $5,000 in restitution to the family of the victim (§ 1202.4, subd. (f)). We affirmed the conviction on appeal. (People v. Lynex (July 17, 2001, B145639) [nonpub. opn.).)
Two decades after his conviction, on July 16, 2021, Lynex filed a petition to modify his restitution and parole revocation fines. He alleged that the fines were unauthorized, and that they constituted cruel and unusual punishment under the Eighth Amendment.
Comments on P. v. Lynex CA2/1