If a court imposes a restitution fine under Penal Code section 1202.4, must the restitution fine be the same amount as the parole revocation fine?
California, United States of America
The following excerpt is from In re Debacco, E044696 (Cal. App. 7/31/2008), E044696 (Cal. App. 2008):
However, if the court imposes a restitution fine under Penal Code section 1202.4, the parole revocation fine must be imposed in the same amount. If the parole revocation fine is a different amount, it is an unauthorized sentence and the error cannot be waived. Thus, it can be corrected at any time even if there was no objection. This is because the fine is mandatory in all cases. (People v. Smith, supra, 24 Cal.4th at p. 853.)
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