People v. Pelaiz CA3

DISCUSSION

I Probation Revocation Fine Defendant contends, and the People agree, the trial court ordered defendant to pay an additional and unauthorized probation revocation fine when it executed her suspended

3 The probation department calculated the conduct credits earned during each of defendant’s discrete periods of presentence confinement rather than aggregating defendant’s total presentence confinement: for the five actual days of confinement from October 16, 2012, to October 20, 2012, defendant earned four conduct credits; for the 43 actual days of confinement from October 29, 2012, to December 10, 2012, defendant earned 42 conduct credits; and for the 44 actual days of confinement from September 26, 2013, to November 8, 2013, defendant earned 44 conduct credits.

2 sentence. We conclude the court erred in imposing a second probation revocation restitution fine following defendant’s first violation of probation. Therefore, the judgment requiring defendant to pay both $400 probation revocation restitution fines must be modified to strike the latter fine, thereby reducing the overall fine owed from $800 to $400. Section 1202.44 provides that “[i]n every case in which a…