Can a restitution fine be imposed on a defendant who has been sentenced to life without possibility of parole?

California, United States of America


The following excerpt is from People v. Bowcutt, C037213 (Cal. App. 11/25/2003), C037213. (Cal. App. 2003):

In People v. Oganesyan (1999) 70 Cal.App.4th 1178, the defendant received a sentence of life without possibility of parole for one count of first degree murder and another sentence of 15 years to life for second degree murder, the latter therefore being a term for which defendant might conceivably be eligible for parole. The court held that a section 1202.45 restitution fine was not authorized under these circumstances. "[T]he language of section 1202.45 indicates that the overall sentence is the indicator of whether the additional restitution fine is to be imposed. Section 1202.45 indicates that it is applicable to a `person . . . whose sentence includes a period of parole.' At present, defendant's `sentence' does not allow for parole. When we apply a commonsense interpretation to the language of section 1202.45 [citations], we conclude that because the sentence does not presently allow for parole and there is no evidence it ever will, no additional restitution fine must be imposed." (Id. at p. 1185.)

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