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Name: People v. Proby
Case #: C103325
Opinion Date: 20260518
Attorney: John L. Staley
Summary

In an appeal from a resentencing under Penal Code section 1172.75, the Third District Court of Appeal agreed with the appellant that the trial court erred in reimposing a $10,000 restitution fine under section 1202.4, subdivision (b). Because the fine was originally imposed over 10 years ago, section 1465.9, subdivision (d) requires that the fine be vacated. The Court of Appeal vacated the fine.