THE PEOPLE v. LEILUA SOFENI (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

Appellant Leilua Sofeni pled no contest to one count of felony vandalism in violation of Penal Code section 594 and one count of driving on a suspended license in violation of Vehicle Code section 14601.   The trial court suspended imposition of sentence and placed appellant on formal probation for three years, on the condition, inter alia, that she serve 75 days in county jail.   The court imposed a $200 restitution fine and $200 parole and probation revocation fines.   The latter two fines were stayed.   The court also imposed a $30 security fee, a $30 criminal conviction fee, a $28 crime prevention fee plus penalty.   The court ordered appellant to pay the cost of probation services and a $185 restitution fine.

Appellant appeals from the judgment, contending that the parole revocation fine should be stricken.   Respondent agrees.   We agree as well.   We strike the fine and affirm the judgment in all other respects.

Appellant contends that because the court suspended her sentence and placed her on probation, the court erred in imposing a parole revocation fine pursuant to Penal Code section 1202.45.   Appellant is correct.

When a trial court suspends sentence and imposes formal probation, a parole revocation fine is not authorized.  (People v. Hannah (1999) 73 Cal.App.4th 270, 274–275;  see also People v. Smith (2001) 24 Cal.4th 849, 853 [invalid parole revocation fine is exempt from waiver rule].)   Accordingly, the fine must be stricken.

Disposition

The parole revocation fine of $200 is ordered stricken.   The clerk of the superior court is directed to prepare an amended abstract of judgment reflecting this modification.   The judgment is affirmed in all other respects.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

We concur:

MOSK, J. KRIEGLER, J.