Can a judge strike a restitution fine imposed when probation was revoked?

California, United States of America


The following excerpt is from People v. Clemon, C090130 (Cal. App. 2020):

First, the trial court was not authorized to strike the section 1202.4 restitution fine it imposed when probation was granted, because "a restitution fine imposed at the time probation is granted survives the revocation of probation," and the trial court is "without statutory authority" to impose a second, different restitution fine when probation is revoked. (People v. Chambers (1998) 65 Cal.App.4th 819, 820, 823.)

Second, upon revocation of probation, the trial court was required to impose the stayed probation revocation restitution fine under section 1202.44, as imposition of that fine is mandatory once probation has been revoked. (People v. Guiffre (2008) 167 Cal.App.4th 430, 434.)

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