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Name: People v. Taylor
Case #: F051773
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 11/29/2007
Summary

Under Penal Code section 1202.44, a defendant is subject to a probation revocation fine when imposition of sentence is suspended and he/she is placed on probation. Applying rules of statutory construction, the appellate court determined that with the enactment of Penal Code section 1202.44, the Legislature intended that the language of the statute saying “a sentence that includes a period of probation,” mirror the provisions of Penal Code section 1202.45, which provides that a parole revocation restitution fine be imposed in every case where a “sentence includes a period of parole ….” Accordingly, the 12022.44 fine is applicable in the felony case where probation has been granted without imposition/suspended execution of sentence.