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Name: People v. Cropsey
Case #: c061052
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/18/2010

A restitution fine imposed with a grant of probation remains in force despite a subsequent revocation of probation and there is no need to reimpose the extant fine at revocation and imposition of sentence. Appellant was granted probation and ordered to pay a restitution fine (Pen. Code, sec. 1202.4) and probation-revocation restitution fine suspended pending successful completion of probation (Pen. Code, sec. 1202.44). On the first violation, the court reinstated probation but dissolved the stay on the 1202.44 fine. On a second violation, probation was again reinstated. On the third violation, appellant was sentenced to prison, with execution of sentence suspended and probation reinstated. The court stated that it would reimpose the restitution [fine] amounts. The court disagreed with appellant that this order was an erroneous imposition of new restitution fines (see People v. Chambers (1998) 65 Cal.App.4th 819), noting that “reimpose” merely means confirmation of the original order. The court also noted that there was no need for the trial court to reimpose an extant restitution fine. Where a restitution fine has previously been imposed, the trial court should simply say, “The abstract of judgment should reflect the restitution fine[s] previously imposed.”