Chambers

People v. Chambers

Good Law
1998 Cal. App. LEXIS 644·65 Cal. App. 4th 819·76 Cal. Rptr. 2d 732·98 Daily Journal DAR 7991·98 Cal. Daily Op. Serv. 7991
Court of Appeal of CaliforniaJuly 23, 1998No. C027662California1,088 words

Opinion

Lead Opinion

Nicholson, J.

We hold that a restitution fine imposed at the time probation is granted survives the revocation of probation. In this case, the *821 trial court imposed a $200 restitution fine when it granted the defendant probation, but it also imposed a $500 restitution fine later when the defendant’s probation was revoked. Since the first restitution fine survived the revocation of probation, the second restitution fine was unauthorized. Accordingly, we modify the judgment by striking the second restitution fine and affirm the judgment as modified.

Procedure

In 1993, the defendant pleaded no contest to first degree burglary and was placed on probation. At the time probation was granted and as a condition of probation, the trial court ordered the defendant to pay a fine of $200 to the Restitution Fund. (See Pen. Code, § 1202.4, subd. (b).)

In 1997, the trial court revoked the defendant’s probation and sentenced the defendant to nine years in state prison—four years for the first degree burglary (Pen. Code, § 461) and five years for a prior serious felony (Pen. Code, § 667, subd. (a)). The trial court also imposed a fine payable to the Restitution Fund of $500.

Discussion

The sole…

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