Error and/or relief
Where the defendant has been sentenced to life without the possibility of parole (LWOP), the court cannot impose a parole revocation restitution fine.
Holding:
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. Where a defendant has been sentenced to LWOP or death, the section does not apply. We order the trial court to modify the judgment by striking the parole revocation fine.
Authority:
PEN 1202.45
People v. Oganesyan (1999) 70 Cal.App.4th 1178, 1183 [When there is no parole eligibility, the fine is clearly not applicable.]
People v. Carr (2010) 190 Cal.App.4th 475, 482, fn. 6