The People v. Guillen
160 Cal. Rptr. 3d 589
Cal. Ct. App.2013Background
- Defendant Guillen pled guilty in 2010 to three offenses and was placed on supervised drug court probation with a $200 restitution fine imposed under Penal Code 1202.4(b).
- He advanced through the ROC drug treatment program, maintained sobriety for about 20 months, and completed the program successfully.
- Probation was terminated early on September 14, 2011; the court dismissed the charges and suspended or dismissed all fines, including unpaid restitution fines.
- The People appealed, arguing the trial court lacked authority to suspend, dismiss, or terminate unpaid restitution fines after probation termination and dismissal.
- The trial court granted relief under Penal Code 1203.4, prompting the People to appeal the restitution-fine suspension/dismissal order.
- The appellate court holds the trial court had authority to suspend or dismiss the unpaid restitution fines in light of early probation termination and relief under 1203.4.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had authority to suspend or dismiss unpaid restitution fines after probation termination. | People argued restitution fines survive and cannot be suspended. | Guillen argued relief under 1203.4 allows dismissal and release from penalties. | Yes—court could suspend/dismiss unpaid restitution fines under 1203.4. |
| Whether restitution fines survive probation or can be released when relief under 1203.4 is granted. | Restitution fines survive probation and can be collected by the Board. | Relief under 1203.4 releases from penalties, enabling dismissal of fines. | Restitution fines survive generally, but 1203.4 relief can release the defendant from penalties and permit suspension of unpaid fines. |
Key Cases Cited
- People v. Chambers, 65 Cal.App.4th 819 (Cal. Ct. App. 1998) (restitution fine survives probation revocation; imposition mandatory on conviction)
- People v. Arata, 118 Cal.App.4th 195 (Cal. Ct. App. 2004) (restitution fine survives revocation; second imposition improper; relief under 1203.4 discussed)
- People v. Kleinman, 123 Cal.App.4th 1476 (Cal. Ct. App. 2004) (restitution fines survive; discretionary relief analyzed post-probation)
- People v. Urke, 197 Cal.App.4th 766 (Cal. Ct. App. 2011) (restitution fine survives post-probation; relief under 1203.4 considered)
- People v. Cropsey, 184 Cal.App.4th 961 (Cal. Ct. App. 2010) (restitution fines; no need to reimpose; reflect original fines)