California Court of Appeal

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People v. Lai, B165662

In a case involving thefts of more than $100,000, but less than $500,000: 1) when a defendant is subject to the additional prison terms of both Penal Code sections 186.11(a)(3) and 12022.6(a), the court must impose both terms, but stay execution of the term imposed under section 12022.6; 2) for non-probationary sentences, neither Penal Code section 1202.4(f) nor section 186.11(d) permit restitution for losses caused by crimes for which the defendant was not convicted; 3) Penal Code section 186.11(l) does not preclude imposing restitution fines in addition to the fine of section 186.11(c).

Appellate Information

  • Decided 04/26/2006
  • Published 04/26/2006

Judges

  • WILLHITE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Kim Malcheski, under appointment by the Court of Appeal, San Francisco, for Defendant and Appellant Sam Mui Luu., Marilyn S. White-Redmond and Tracy Dressner, under appointments by the Court of Appeal, for Defendant and Appellant Paul Lai., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Marc J. Nolan, Chung L. Mar and Lawrence M. Daniels, Deputy Attorneys General, for Plaintiff and Respondent.
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