In re Crenshaw
A jury convicted Douglass L. Crenshaw of first degree murder committed during the commission of a robbery and burglary and by using a deadly weapon. The court sentenced him to prison for life without the possibility of parole. Crenshaw petitions for a writ of habeas corpus contending the sentencing court improperly imposed a parole revocation restitution fine under Penal Code section 1202.45[1]("In every case where a person is convicted of a crime and whose sentence includes a period of parole, the court shall at the time of imposing the restitution fine pursuant to subdivision (b) of Section 1202.4, assess an additional parole revocation restitution fine in the same amount . . . .").
The judgment is modified to strike the restitution fine under section 1202.45. The superior court is directed to prepare an amended abstract of judgment reflecting the modification and forward it to the Department of Corrections and Rehabilitation.
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