Does a defendant have to pay a restitution fine for each crime for which they have been convicted, even after being granted probation?

California, United States of America


The following excerpt is from People v. Green, C074332 (Cal. App. 2015):

The trial court must impose a restitution fine for each crime for which a defendant is convicted. ( 1202.4, subd. (b).) When the defendant is granted probation, payment of that fine is a condition of probation. ( 1202.4, subd. (m).) The fine "survives the revocation of probation"; therefore, any "additional restitution fine imposed at the time probation is revoked is unauthorized and must be stricken from the judgment." (People v. Urke (2011) 197 Cal.App.4th 766, 779.)

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