California Court of Appeal

In three consolidated cases involving how restitution fines, probation revocation fines and parole revocation fines should be applied when a sentence is imposed but the trial court suspends execution and, alternatively, how these fines should be applied when the trial court initially suspends imposition of sentence but later imposes a sentence that includes a period of parole, the trial court's judgments are affirmed in part and reversed in part where: 1) when the trial court imposes sentence and suspends execution, and the suspended sentence includes a period of parole, the trial court must impose the parole revocation fine at sentencing; 2) when the trial court initially suspends imposition of sentence and orders a restitution fund fine, the trial court must impose a parole revocation fine when it later imposes a sentence that includes a period of parole; 3) when the sentence includes both a grant of probation and a sentence with a period of parole, the trial court must impose both a probation revocation fine and a parole revocation fine; 4) the trial court was required to lift the stays on the two previously imposed probation revocation fines when it revoked probation in cases 2 and 3; and 5) the trial court erred when it imposed a second round of restitution fund fines in the amount of $900.

Appellate Information

• Decided 08/12/2015
• Published 08/12/2015

Judges

• RENNER

Court

• California Court of Appeal

Counsel