People v. Tye

Opinion

RIVERA, J.

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Defendants Russ Archie Tye and Lewis Anthony Greene were jointly charged with attempted murder, false imprisonment, and cruelty to an animal. The two men were tried together, and the jury found Greene

[1400]

guilty as charged. The jury found Tye guilty only of false imprisonment, acquitting him of attempted murder and animal cruelty.

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Greene was sentenced to life imprisonment with the possibility of parole, enhanced with a consecutive term of 25 years to life, plus a consecutive term of eight months for animal cruelty. Tye was sentenced to two years in prison enhanced with a consecutive two-year term. However, execution of the sentence was suspended, and Tye was placed on probation for five years.

Defendants filed separate notices of appeal, and we ordered the appeals consolidated. In the unpublished portion of our opinion, we address defendants’ claims of insufficient evidence, improper or inadequate jury instructions, and prosecutorial misconduct. In the published portion we examine the applicability of the parole revocation restitution fine.

Facts

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Discussion

I.-III*

IV.

Restitution Fine

Tye was sentenced to the middle term of two years for false imprisonment enhanced by two years for furnishing a firearm to another. Execution of sentence was suspended, and defendant was placed on probation for five years. The court ordered Tye to pay victim restitution pursuant to Penal Code section 1202.4, subdivision (a)(3)(B), a restitution fine payable to the State Restitution Fund pursuant to Penal Code section 1202.4, subdivision (b), and an additional parole revocation restitution fine pursuant to Penal Code section 1202.45. Tye challenges the parole revocation restitution fine of $800, arguing that Penal Code section 1202.45 does not apply because he was granted probation, which does not include a period of parole.