People v. Moreno CA5

DISCUSSION

I. Fines

Defendant contends the restitution fine and the parole revocation restitution fine must match in amount. The People concede and we agree. Penal Code section 1202.4, subdivision (b)2 provides for restitution fines: “In every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record.” Former section 1202.45, now section 1202.45, subdivision (a) provides for matching parole revocation restitution fines: “In every case where a person is convicted of a crime and [his or her] sentence includes a period of parole, the court shall[,] at the time of imposing the restitution fine pursuant to subdivision (b) of Section 1202.4, assess an additional parole revocation restitution fine in the same amount as that imposed pursuant to subdivision (b) of Section 1202.4.…” (Italics added.)

The factual background of these crimes is not relevant to the issues raised on appeal. All statutory references are to the Penal Code unless otherwise noted.

2. In this case, when the trial court reduced the…