Opinion
H029822
12-11-2006
THE PEOPLE, Plaintiff and Respondent, v. EDGAR GARCIA AYALA, Defendant and Appellant.
Defendant Edgar Garcia Ayala appeals from a judgment ordering him to pay a restitution fine of $800 and a parole revocation fine in the same amount. He contends that the trial court was not authorized to order more than $200 because it had originally ordered $200 when it granted him probation. The People concede the issue and we agree that the concession is appropriate. We therefore modify and affirm the judgment.
BACKGROUND
Defendant entered a negotiated plea to receiving stolen property and offering to sell or transport narcotics. The trial court placed defendant on probation. As a condition of probation, the trial court ordered defendant to pay a fine of $200 to the Restitution Fund. (See Pen. Code, § 1202.4.) The trial court later revoked defendants probation and sentenced defendant to four years and eight months in prison. It also ordered defendant to pay a fine of $800 to the Restitution Fund and an identical suspended parole-revocation fine. (See Pen. Code, § 1202.45.)
DISCUSSION
Imposition of a Penal Code section 1202.4 restitution fine when a defendant is placed on probation survives despite a revocation of probation, and imposition of a restitution fine at revocation of probation in excess of that originally imposed is unauthorized and may be raised on appeal despite the failure to object below. (People v. Chambers (1998) 65 Cal.App.4th 819, 821-823.) Penal Code section 1202.45 provides that a suspended parole-revocation fine must be imposed in an amount identical to an imposed restitution fine.
DISPOSITION
The judgment is modified to reduce the restitution and suspended parole-revocation fines to $200. As so modified, the judgment is affirmed.
We Concur:
Rushing, P.J.
Elia, J.