Can a judge increase a restitution fine imposed under section 1202.4(b) of the California Criminal Code when it pronounces judgment and revokes a defendant's probation?

California, United States of America


The following excerpt is from People v. Walters, D071505, D072135 (Cal. App. 2018):

A trial court may impose a section 1202.4 restitution fine when it pronounces judgment and it may not increase the restitution fine when revoking a defendant's probation. (People v. Perez (2011) 195 Cal.App.4th 801, 805.) After revoking a defendant's probation, the trial court is not authorized to impose a second restitution fine because the original fine survives the revocation of probation. (People v. Chambers (1998) 65 Cal.App.4th 819, 822-823 ["the first restitution fine remain[s] in force despite

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the revocation of probation"].) An additional restitution fine imposed when probation is revoked is unauthorized and must be stricken from the judgment. (People v. Urke (2011) 197 Cal.App.4th 766, 779.) Additionally, by the express terms of the statutes, parole revocation restitution fines imposed under section 1202.45 and probation revocation restitution fines imposed under section 1202.44 must be the same amount as the restitution fines imposed under section 1202.4(b). ( 1202.45, 1202.44.)

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