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Name: People v. Breazell
Case #: F038052
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/12/2002
Subsequent History: None

Appellant pled guilty to possession of cocaine base, and admitted two Health and Safety Code enhancements for prior narcotics convictions. She was sentenced to eight years in state prison, and the court imposed a fine pursuant to Health and Safety Code section 11372, as well as a fine under Penal Code section 672. The appellate court here ordered stricken the fine imposed under section 672. Section 672 specifically states that the fine shall be imposed “in relation to which no fine is herein prescribed.” That language relates to any other fine imposed for the activity, not any other fine which can be imposed under the Penal Code. Since the imposition of the second fine was an unauthorized sentence, the issue was not waived for appellant’s failure to object in the trial court.