People v. Kunitz

In People v. Kunitz (2004) 122 Cal.App.4th 652, the court ruled that, as a matter of law based on statutory interpretation, because neither section 1202.4 nor section 1202.45 allowed a fine against more than one individual, a restitution fine should be specific to a defendant. (Kunitz, at pp. 655-657 both statutes refer to "a person" or "the defendant" in the singular, distinguishing other instances where the singular includes the plural.) The court then distinguished between an unauthorized fine -- where, as in Kunitz, "the statutes do not provide for imposition of a fine payable jointly and severally by two or more defendants" -- and an authorized but erroneous fine. (Id. at p. 657.) Kunitz teaches that, because the fine was statutorily unauthorized, the defendant did not forfeit appellate review by failing to object in the trial court. (Ibid. at p. 657.)