California Penal Code Section 1202.4(B) - Restitution Fine

In People v. Chambers (1998) 65 Cal.App.4th 819, the defendant entered a no contest plea to first degree burglary. The trial court granted probation and, as a condition of probation, imposed a $ 200 section 1202.4(b) restitution fine. The trial court later revoked probation and sentenced the defendant to state prison, while imposing a $ 500 restitution fine pursuant to the same section. (Chambers, supra, 65 Cal.App.4th at p. 821.) The court in Chambers determined that the $ 500 restitution fine was unauthorized, declaring that there was "no statutory authority justifying the second restitution fine because . . . the first restitution fine remained in force despite the revocation of probation." (Id. at p. 823; see also People v. Arata (2004) 118 Cal.App.4th 195, 201-203 trial court erred when it imposed second $ 800 1202.4 restitution fine when it had already imposed $ 600 restitution fine at time the defendant was granted probation; second restitution fine stricken from judgment.) On appeal, the court held that "a restitution fine imposed at the time probation is granted survives the revocation of probation" and that the imposition of a second restitution fine when probation is revoked is unauthorized. (Chambers, supra, 65 Cal.App.4th at pp. 820-821.) The court accordingly modified the judgment by striking the $ 500 restitution fine imposed when the trial court revoked the defendant's probation, leaving in place the earlier $ 200 restitution fine. (Id. at p. 823)