213 Cal. App. 4th 13
Cal. Ct. App.2013Background
- Defendant Michael Earl Hunt pled no contest to transporting cocaine under Health & Safety Code §11352(a).
- The trial court sentenced him to nine years with execution suspended and placed him on formal probation for three years.
- A $240 restitution fine (Pen. Code §1202.4) and a $240 parole revocation restitution fine (Pen. Code §1202.45) were imposed; the §1202.45 fine was stayed unless parole was revoked.
- No §1202.44 probation restitution fine was imposed.
- Defendant also paid a $30 criminal conviction fee, a $40 court operations assessment, and a $30 laboratory fee; he received 284 days of presentence custody credit.
- The issue on appeal concerns which restitution fines apply when the execution of sentence is suspended and the defendant is on probation.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether §1202.45 parole restitution applies when execution is suspended | Hunt argues parole fine should apply despite suspension | Hunt argues no parole fine when no parole period exists | Parole restitution fine must be reversed; not imposed when execution is suspended |
| Whether §1202.44 probation restitution must be imposed and stayed when execution is suspended | State argues probation revocation fine mirrors parole fine | Hunt contends no probation fine or ambiguous guidance | Probation restitution fine under §1202.44 must be imposed and, where applicable, stayed; parole fine is reversed |
Key Cases Cited
- People v. Hannah, 73 Cal.App.4th 270 (Cal.App.4th 1999) (parole fine not imposed when execution of sentence is suspended)
- People v. Oganesyan, 70 Cal.App.4th 1178 (Cal.App.4th 1999) (parole restitution fine not applicable where no parole period exists)
- People v. Tye, 83 Cal.App.4th 1398 (Cal.App.4th 2000) (restoration fines under 1202.45 where parole possible; debate over suspension)
- People v. Calabrese, 101 Cal.App.4th 79 (Cal.App.4th 2002) (pre-1202.44, restitution fines framework; precluded in some suspension contexts)
- People v. Guiffre, 167 Cal.App.4th 430 (Cal.App.4th 2008) (probation revocation restitution fine aligned with 1202.44 intent)
- People v. Taylor, 157 Cal.App.4th 433 (Cal.App.4th 2007) (statutory intent of probation revocation fine coexists with 1202.4 restitution)