Cropsey

Defendant Jennelle Marie Cropsey pled no contest to assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); count one) and driving with 0.08 percent or more of alcohol in her blood (Veh. Code, § 23152, subd. (b); count three). She was placed on probation on conditions including payment of a $200 restitution fine (§ 1202.4, subd. (b)) and a $200 restitution fine suspended pending successful completion of probation (§ 1202.44). Following a first violation of probation, the court reinstated probation and dissolved the suspension of the $200 probation revocation fine. Following a third probation violation, the court sentenced defendant to state prison, suspended execution of sentence, and reinstated probation. The court “reimpose[d]” the $200 restitution fine and the $200 probation revocation restitution fine. It added a $200 restitution fine suspended unless parole is revoked. (§ 1202.45.)

On appeal, defendant contends the trial court erred by imposing “two separate restitution fines for the same conviction pursuant to . . . section 1202.4, subdivision (b),” and by imposing “two separate restitution fines for the same conviction pursuant to . . . section 1202.44.” We…