California Court of Appeal

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People v. Rosas, G043158

On remand for resentencing of a defendant convicted of two attempted murders of a rival gang member, trial court's entry of a new restitution fine order, is affirmed as, although the original restitution order was never addressed in the appeal that led to the remand in the first place, because the remand was for resentencing and restitution fines are statutorily interrelated with a defendant's sentence, the trial court was indeed within its authority to make a new, lower, restitution order on resentencing.

Appellate Information

  • Decided 12/21/2010
  • Published 12/21/2010

Judges

  • SILLS

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Catherine White, Edmund G. Brown, Jr.

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