P. v. McLain
Following his guilty pleas in these two cases, defendant Bryan Paul McLain was granted five years of probation. At that time, the trial court imposed in each case a $200 restitution fund fine (Pen. Code, § 1202.4, subd. (b)),[1] and a stayed $200 probation revocation fine (§ 1202.44). Later, upon probation being revoked, the trial court imposed an $800 restitution fine in case No. 07NCR04820. Defendant appeals the imposition of this second restitution fine as an unauthorized sentence. We agree with defendant and shall amend the judgment.
Comments on P. v. McLain