California Penal Code Section 1202.4 - Interpretation

In People v. Thompson (1998) 61 Cal.App.4th 1269, a judgment imposing a 10-year prison term and a $ 2,000 fine pursuant to Penal Code section 1202.4, was reversed on appeal and the matter was remanded for retrial. After the second trial, the defendant was sentenced to prison for 11 years and fines totaling $ 4,400 were imposed pursuant to Penal Code sections 1202.4 and 1202.45. The reviewing court held that since the effect of the fines was punitive they must be reduced to the fine originally imposed pursuant to Penal Code section 1202.4, so as not to violate the state constitutional prohibition against imposition of a more severe sentence following retrial. ( Id. at p. 1276.) The Thompson court did not discuss the fact that failure to impose and suspend the fine mandated by Penal Code section 1202.45 is jurisdictional error