PEOPLE v. SMITH

No. S088387.

102 Cal.Rptr.2d 731 (2001)

24 Cal.4th 849

14 P.3d 942

The PEOPLE, Plaintiff and Respondent, v. Donte Osbon SMITH et al., Defendants and Appellants.

Supreme Court of California.

January 11, 2001.


Attorney(s) appearing for the Case

Matthew D. Alger, under appointment by the Supreme Court, Fresno, for Defendant and Appellant Donte Osbon Smith.

Peter A. Leeming, under appointment by the Supreme Court, Santa Cruz, for Defendant and Appellant Jack Loney.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Linda C. Johnson, Suzann E. Papagoda, Kyle S. Brodie and Kent J. Bullard, Deputy Attorneys General, for Plaintiff and Respondent.


BROWN, J.

Under subdivision (b) of Penal Code section 1202.4,1 a trial court must impose "a separate and additional restitution fine" as part of the judgment of conviction entered against a criminal defendant, "unless it finds compelling and extraordinary reasons for not doing so, and states those reasons on the record." If the "sentence includes a period of parole," then the court must also impose a parole revocation fine...

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