People v. Smith

Opinion

BROWN, J.

Under subdivision (b) of Penal Code section 1202.4,1 a trial court must impose “a separate and additional restitution fine” as part of the judgment of conviction entered against a criminal defendant, “unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record.” If the “sentence includes a period of parole,” then the court must also impose a parole revocation fine “in the same amount as that imposed pursuant to subdivision (b) of Section 1202.4.” (§ 1202.45.)2 This second fine, however, is automatically suspended unless the…