PEOPLE v. TILLMAN

No. S077360.

92 Cal.Rptr.2d 741 (2000)

22 Cal.4th 300

992 P.2d 1109

The PEOPLE, Plaintiff and Respondent, v. Eldon Dee TILLMAN, Defendant and Appellant.

Supreme Court of California.

February 24, 2000.


Attorney(s) appearing for the Case

Suzan E. Hier and Richard Lennon, Los Angeles, under appointments by the Supreme Court, and Leonard J. Klaif, Ojai, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson and David P. Druliner, Chief Assistant Attorneys General, Carol Wendelin Pollack, Assistant Attorney General, Allison H. Ting, Chung L. Mar, Susan D. Martynec and Kenneth N. Sokoler, Deputy Attorneys General, for Plaintiff and Respondent.


BROWN, J.

Two provisions of the Penal Code — sections 1202.4 and 1202.45 1 — require trial courts to impose a restitution fine as part of the judgment of conviction entered against a criminal defendant and, in cases where parole is granted, an additional fine in the same amount suspended unless parole is later revoked. The restitution fine under section 1202.4 is mandatory unless the sentencing court, in the words of the...

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