Error and/or relief
The court erred in following the probation officer’s report and setting the restitution fine under section 1202.4(b) and the corresponding parole revocation restitution fine (under 1202.45) in the amount of $25,000. We modify the restitution fine and the parole revocation fine to the maximum permitted by law, $10,000.
First Holding:
Section 1202.4(b) states that in every case where a person is convicted of a crime, the court shall impose a separate and additional restitution fine, unless it finds compelling and extraordinary reasons for not doing so and states those reasons on the record. If the person is convicted of a felony, the fine shall not be less than $300 and not more than $10,000 Thus, the maximum restitution fine that may be imposed in a criminal prosecution is $10,000, regardless of the number of victims or counts involved.
Authority:
PEN 1202.4(b)
People v. Blackburn (1999) 72 Cal.App.4th 1520, 1534
Second Holding:
The parole revocation restitution fine in section 1202.45(a) is required to be in the same amount as that imposed pursuant to section 1202.4(b).
Authority:
PEN 1202.45(a)
People v. Smith (2001) 24 Cal.4th 849, 853 [Under section 1202.45, a trial court has no choice and must impose a parole revocation restitution fine equal to the restitution fine whenever the sentence includes a period of parole.]