People v. Dellinger CA5

DISCUSSION

The parties agree that the trial court originally imposed restitution and probation revocation fines of $1,000, and that the court improperly changed those fines to $1,200. We agree that the trial court erred when it imposed the second restitution fine of $1,200 (§ 1202.4) and the suspended $1,200 parole revocation restitution fine (§ 1202.45). “The section 1202.4 restitution fine may only be imposed once at the time the court pronounces judgment and the court may not increase the restitution fine when revoking probation. [Citation.] The court may not impose a second restitution fine after probation has been revoked because the original fine survives the revocation of probation.” (People v. Rios (2013) 222 Cal.App.4th 542, 576.) The parole revocation restitution fine must also be reduced to $1,000 because it must be “in the same amount” as the section 1202.4 fine. (Ibid.; § 1202.45.) The parties further agree that the abstract does not correctly reflect the custody credits awarded by the court.

DISPOSITION

The trial court is directed to issue an amended minute order, stating that the restitution and parole revocation fines pursuant to section 1202.4, subdivision (b)…