Soria

People v. Soria

Good Law
163 Cal. App. 4th 247·2008 Cal. App. LEXIS 771·77 Cal. Rptr. 3d 421
Court of Appeal of CaliforniaMay 23, 2008H031237California5,339 words

Opinion

Opinion

Defendant Marcos Soria pleaded guilty to numerous charges that were alleged in three separately filed complaints, and in exchange, the court imposed a specified sentence of 35 years eight months. The court also imposed three separate restitution fines in each case totaling $10,600 and matching parole revocation fines, the latter of which were suspended. (Pen. Code, §§ 1202.4, subd. (b), 1202.45.) [1]

On appeal from the judgment, defendant claims the imposition of separate fines in each case totaling more than $10,000 was unauthorized. We agree and strike the fines imposed in two of the three cases, leaving a single restitution fine of $10,000 and a suspended matching parole revocation fine of $10,000.

On September 30, 2005, the Santa Clara County District Attorney (District Attorney) filed a complaint in case No. CC506587 charging defendant with two counts of vehicle theft, reckless driving, hit-and-run driving, driving without a license, and resisting arrest. On October 11, 2005, the District Attorney filed a second complaint in case No. CC507417 charging defendant and codefendant Bengie Carinio with attempted premeditated murder, two counts of assault with a…

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