KUNITZ

People v. KUNITZ

Good Law
122 Cal. App. 4th 652·18 Cal. Rptr. 3d 843·2004 Cal. App. LEXIS 1584·2004 Daily Journal DAR 11761·2004 Cal. Daily Op. Serv. 8639
Court of Appeal of CaliforniaSeptember 21, 2004C044133California1,818 words

Opinion

Opinion

Davis, J.

Defendants Maxmillian Levee Kunitz and Anna Maria Lopez appeal following their guilty plea convictions of four counts each of forcibly committing a lewd or lascivious act upon a child. (§ 288, subd. (b)(1).) They contend that the trial court exceeded its jurisdiction by ordering that the imposed $6,400 restitution and parole revocation fines be payable jointly and severally. They request that the judgment be modified to reflect separate $3,200 restitution and parole revocation fines payable individually. Since this contention has merit, we shall grant the requested relief.

Facts and Procedural History

Defendants were charged with numerous sex offenses arising from their molestation of two children. Defendants committed the crimes by, among other things, forcing the victims to pick a card from a deck of sexually explicit drawings and then perform the act as depicted in the drawing.

Kunitz was charged with 15 counts and Lopez with 13 counts of forcibly committing a lewd or lascivious act upon a child. (§ 288(b)(1).) Defendants were also charged with two counts each of oral copulation with a child under the age of 14 by a defendant who is 10 years older (§ 288a, subd.…

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