People v. Tye

In People v. Tye (2000) 83 Cal.App.4th 1398, Division Five of the First District explained People v. Hannah (1999), 73 Cal.App.4th 270, was incorrectly decided. The Tye court commented: "The conclusion reached by the Hannah court makes sense when probation is granted upon suspension of imposition of sentence, for in that situation the defendant has not been sentenced to a prison term. When, however, as here, a prison sentence, including a period of parole, has been imposed and only the execution has been suspended, we conclude that Penal Code section 1202.45 applies and the restitution fine may properly be imposed." (People v. Tye, supra, 83 Cal.App.4th 1398 at p. 1401, )