P. v. Martinez 7/9/03 CA5

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: F039200

Case Date: 07/10/2003

Preview:Filed 7/9/03

CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT THE PEOPLE, F039200 Plaintiff and Respondent, (Super. Ct. No. 25556) v. VICTOR MANUEL MARTINEZ, Defendant and Appellant.

OPINION

APPEAL from a judgment of the Superior Court of Merced County. Frank Dougherty, Judge. William D. Farber, under appointment by the Court of Appeal, for Defendant and Appellant. Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Patrick Whalen and Lee E. Seale, Deputy Attorneys General, for Plaintiff and Respondent.

to California Rules of Court, rules 976(b) and 976.1, this opinion is certified for publication with the exception of Part I of the Discussion.

*Pursuant

Victor Manuel Martinez (defendant) was convicted of attempting to manufacture a controlled substance and ordered to pay a restitution fine in excess of $5,000.00 to the Department of Toxic Substances Control. On appeal, defendant argues that the fine was unauthorized. We publish to settle the question of whether the Department of Toxic Substances Control is a victim within the meaning of Penal Code section 1202.4, subdivision (f).1 We conclude it is. PROCEDURAL HISTORY By information, defendant was charged with a single count of manufacturing a controlled substance (Health & Saf. Code,

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