P. v. Moore
On October 4, 2011, the trial court found defendant Kenneth Moore in violation of probation. On October 5, 2011, the trial court ordered executed an eight-year prison sentence that had previously been imposed and suspended.
Defendant appeals on the grounds that: (1) the trial court erred in not sentencing him under Penal Code section 1170, subdivision (h);[1] and (2) the restitution fine and parole revocation fine imposed on October 5, 2011, must be stricken because the court had previously imposed these fines. Also, because defendant is not subject to parole under section 3451, both parole revocation fines must be stricken.
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