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Name: People v. Tye
Case #: A085437
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 10/02/2000
Subsequent History: Petn. rehg. den. 10/19/00; Petn. rev. den. 1/24/01; Cert. den. 10/1/01
Summary

The appellate court here held that when a prison sentence, including a period of parole, has been imposed and only the execution has been suspended, a parole revocation restitution fine may be properly imposed under Penal Code section 1202.45. Here, Tye had been sentenced to two years in state prison, execution of which was suspended for a period of five years while Tye was on probation. Because Tye’s sentence did hold a possibility of parole, imposition of the fine was proper. The fact that execution of sentence was suspended did not negate the fact that his sentence, if ultimately executed, included a period of parole.