Preston

This case raises a number of issues involving the proper application of the statutes governing restitution fines, probation revocation fines and parole revocation fines. At its core, this case requires us to consider how these 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.

This appeal arises from three separate cases. In each case the trial court granted defendant probation. In the first case, the trial court suspended execution of sentence and imposed a restitution fund fine. In the second and third cases, the trial court suspended imposition of sentence and imposed a restitution fund fine and a probation revocation fine. In September of 2013, the trial court revoked probation in all three cases and, in each case, imposed an additional restitution fund fine of $300 and a parole revocation fine of $300. Defendant Lisa Marie Preston raised a number of issues relative to the imposition of these additional fines. We requested supplemental briefing on four…