Does a judge have authority to impose a second restitution fine on a convicted offender who has his or her parole revoked?

California, United States of America


The following excerpt is from People v. Holloway, E061524 (Cal. App. 2015):

revoked, the trial court has no authority to impose a second restitution fine in a greater amount than the original fine. [Citation.]" (People v. Garcia (2006) 147 Cal.App.4th 913, 917.) "In every case where a person is convicted of a crime and his or her sentence includes a period of parole, the court shall at the time of imposing the restitution fine pursuant to subdivision (b) of Section 1202.4, assess an additional parole revocation restitution fine in the same amount as that imposed pursuant to subdivision (b) of Section 1202.4." ( 1202.45, italics added.)

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