Does the probation revocation restitution fine imposed on a convicted criminal be stayed unless probation is revoked?
California, United States of America
The following excerpt is from People v. Tophan, C091006 (Cal. App. 2020):
Further, the probation revocation restitution fine imposed should have been stayed unless probation was revoked, not "suspended once probation is revoked" as pronounced. ( 1202.44 ["[t]his additional probation revocation restitution fine shall become effective upon the revocation of probation"]; People v. Guiffre (2008) 167 Cal.App.4th 430, 434 ["a convicted defendant who is granted probation will ordinarily be subject to two
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