Soria
People v. Soria
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…