Probation Restitution Fine for Burglary in California
In People v. Chambers (1998) 65 Cal.App.4th 819, the defendant pleaded no contest to first degree burglary and was granted probation.
As a condition of that probation, the defendant was ordered to pay a $200 restitution fine. (Chambers, supra, 65 Cal.App.4th at p. 821.) Four years later, the trial court revoked the defendant's probation, sentenced her to state prison and imposed a second restitution fine of $500.
The Court held that because the first restitution fine remained in effect, the trial court was without authority to impose the second restitution fine. (Id. at p. 823.)
The trial court granted her probation and ordered her to pay a $200 restitution fund fine as a condition of probation.
Subsequently, the trial court revoked defendant's probation, sentenced her to state prison, and imposed additional restitution fund fines of $300 in each case.
Because the trial court was without authority to impose these additional $300 restitution fund fines, the Court struck them. (Chambers, supra, 65 Cal.App.4th at p. 823.)