Andrade

People v. Andrade

Good Law
100 Cal. App. 4th 351·121 Cal. Rptr. 2d 923·2002 Cal. App. LEXIS 4415·2002 Daily Journal DAR 8085·2002 Cal. Daily Op. Serv. 6478
Court of Appeal of CaliforniaJuly 18, 2002No. A095535California2,021 words

Opinion

lead Opinion

Gemello, J.

Defendant Omar Andrade appeals from the imposition of a parole revocation restitution fine under Penal Code section 1202.45 following revocation of his probation and imposition of a prison sentence. Defendant argues that under Penal Code section 1202.45, a parole revocation fine may not be imposed at the time of sentencing where imposition of sentence was suspended at conviction and the parole revocation fine was not imposed at the same time as the mandatory restitution fine under Penal Code section 1202.4. We disagree and affirm.

*354 Procedural Background

On April 16, 1997, defendant pled no contest and was convicted of battery with serious bodily injury (Pen. Code, § 243, subd. (d)). 1 Judgment was pronounced. Imposition of sentence was suspended. Defendant was placed on formal probation for a period of five years and as a condition of probation was ordered to pay restitution to the victim in the amount of $6,989.55 and a restitution fine in the amount of $7,000 pursuant to section 1202.4, subdivisions (b) and (f). The restitution fine was stayed pending successful completion of probation. Defendant paid the victim restitution.

On June 4, 2001, the court revoked and…

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