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.
Case Summaries