What are the consequences of a court's decision to reinstate probation after a defendant has violated probation and been ordered to pay a restitution fine and court fees?

On appeal, defendant initially argued: (1) the court misunderstood its discretion to reinstate probation, and therefore did not make an impartial appraisal of whether probation should be reinstated; and (2) the restitution fine and court fees could not have been imposed without a determination of his ability to pay them, under the recent decision in People v. Dueas (2019) 30 Cal.App.5th 1157 (Dueas). In supplemental briefing, defendant argued a third ground: an intervening change in the law that requires the two prior prison term enhancements to be stricken. As we shall discuss, the parties' briefing on the prior prison term enhancements also applies to, and defeats, defendant's Dueas argument.

"A probation violation does not automatically call for revocation of probation and imprisonment. [Citation.] A court may modify, revoke, or terminate the defendant's probation upon finding the defendant has violated probation. [Citation.] The power to modify probation necessarily includes the power to reinstate probation. [Citations.] Thus, upon finding a violation of probation and revoking probation, the court has several sentencing options. [Citation.] It may reinstate probation on the same terms, reinstate probation with modified terms, or terminate probation and sentence the defendant to state prison. [Citations.] [] If the court decides to reinstate probation, it may order additional jail time as a sanction." (People v. Bolian (2014) 231 Cal.App.4th 1415, 1420 (Bolian).) If the court terminates probation, the sentence options depend on whether imposition of sentence had previously been suspended, or if sentence had been imposed but execution suspended. In the former situation, the

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