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Name: People v. Guiffre
Case #: C057127
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 10/08/2008

The abstract of judgment must reflect that the stayed Penal Code section 1202.44 fine is now due, probation having been revoked. Under Penal Code section 1202.44, the trial court, when granting probation, shall impose a probation revocation restitution fine in the same amount as that imposed pursuant to Section 1202.4, subdivision (b). Upon the revocation of probation or a conditional sentence, the abstract of judgment and minute orders must reflect that the fine is now due. Here, the court granted appellant probation and ordered him to pay the restitution fine and the stayed probation revocation fine. When appellant’s probation was later revoked and he was sentenced to state prison, the abstract listed a 1202.4, subdivision (b) fine but failed to reference the probation revocation fine. The appellate court directed the trial court to correct the minutes and the abstract of judgment to reflect that the probation revocation fine was now due and payable. The court also recommended that to avoid confusion, trial courts using prison sentence disposition forms that do not conform to the Judicial Council form should modify the form used to add an entry for the 1202.44 fine.