Schoeb

People v. Schoeb

Good Law
132 Cal. App. 4th 861·2005 Cal. App. LEXIS 1435·2005 Daily Journal DAR 11336·33 Cal. Rptr. 3d 889·2005 Cal. Daily Op. Serv. 8355
Court of Appeal of CaliforniaSeptember 13, 2005C048118California1,654 words

Opinion

Opinion

Robie, J.

Defendant John William Schoeb pled guilty to nine separate charges scattered across five different cases in exchange for dismissal of other charges in those cases. The trial court sentenced him to 10 years 4 months in state prison. On appeal, defendant challenges the trial court’s imposition of consecutive sentences under Blakely v. Washington (2004) 542 U.S. 296 [ 159 L.Ed.2d 403 , 124 S.Ct. 2531 ]; the court’s imposition of multiple restitution fines under Penal Code section 1202.4; and its imposition of multiple court security fees under section 1465.8. We shall modify the judgment to impose four additional court security fees of $20 each and affirm the judgment as modified.

FACTUAL AND PROCEDURAL BACKGROUND

Given that defendant challenges only his sentence and the fines imposed, the facts of each case are not relevant to our disposition.

While neither the People nor the defendant moved to have defendant’s five cases consolidated, all of the cases came on jointly before the trial court for sentencing on October 5, 2004. The court chose a forgery charge as the principal term and sentenced defendant to the upper term of three years in state prison. The court further…

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