Is a defendant required to pay a restitution fine and a parole revocation fine for a misdemeanor conviction for the same charge?

The trial court is directed to reconsider defendant's restitution fine (Pen. Code, 1202.4, subd. (b)) and parole revocation fine (Pen. Code, 1202.45) in light of the stay of sentence for count 2 and our vacating of count 3. The trial court may impose a separate restitution fine for defendant's misdemeanor conviction for count 6 as articulated in People v. Holmes (2007) 153 Cal.App.4th 539. Because defendant was not granted probation for his misdemeanor conviction for count 6, a probation revocation fine (Pen. Code, 1202.44) should not be imposed. Additionally, because defendant is not subject to a period of parole for his misdemeanor conviction a parole revocation fine (Pen. Code, 1202.45) should not be imposed. The security fee and criminal conviction assessment imposed for count 3 are stricken.

Defendant is awarded a total of 202 days conduct credit.

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/s/_________
Premo, J.