PEOPLE v. ANDRADE

No. A095535.

121 Cal.Rptr.2d 923 (2002)

100 Cal.App.4th 351

The PEOPLE, Plaintiff and Respondent, v. Omar ANDRADE, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

Review Denied October 16, 2002.


Attorney(s) appearing for the Case

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Eric D. Share, Supervising Deputy Attorney General, Ann P. Wathen, Deputy Attorney General, Counsel for plaintiff and respondent.

Jeffrey A. Schafer, Counsel for defendant and appellant.


GEMELLO, J.

Defendant Omar Andrade appeals from the imposition of a parole revocation restitution fine under Penal Code section 1202.45 following revocation of his probation and imposition of a prison sentence. Defendant argues that under Penal Code section 1202.45 a parole revocation fine may not be imposed at the time of sentencing where imposition of sentence was suspended at conviction and the parole revocation...

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