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Name: People v. Guillen
Case #: E055022
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/08/2013
Summary

The trial court has the authority, or discretion, to eliminate fines imposed as a condition of probation where appellant successfully completes probation and obtains relief via Penal Code section 1203.4. Appellant was charged with and pled guilty to possession of methamphetamine, transportation or sale of methamphetamine, and driving when privilege is suspended. He was granted three years probation with conditions requiring a drug court program, and payment of a $200 restitution fine. He successfully completed probation and had his pleas set aside and the case dismissed pursuant to section 1203.4. Over the prosecution’s objection, the court granted the defense motion to suspend all fines and fees. In this People’s appeal, the appellate court upheld the trial court’s order suspending the $200 restitution fine. Where the trial court grants a section 1203.4 motion to dismiss after successful completion of probation, there is no longer a conviction for purposes of restitution, so the trial court correctly dismissed the mandatory restitution fines.