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Name: People v. Enos
Case #: F044412
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 04/27/2005
Summary

Appellant entered into a plea bargain which resolved three separate cases. The trial court imposed separate restitution fines on each of the three cases. On appeal, appellant contended that because the three cases ended with a comprehensive agreement in a single sentencing proceeding, the trial court erred when it imposed the separate restitution fines, citing People v. Ferris (2000) 82 Cal.App.4th 1272. The appellate court disagreed and affirmed. Ferris is inapplicable because the cases were never consolidated, although there was a combined sentencing hearing. Further, Ferris was concerned with multiple fines where the total fines exceeded the statutory maximum; it does not address the question of whether separate fines are proper where the total does not exceed the statutory maximum. The trial court here expressed an intent to impose a total fine of $1000, and then allocated the fine among the cases so that the statutory minimum was imposed in each. Therefore, the total fine was the same whether imposed in the aggregate or portioned and imposed separately, so there cannot be any prejudice to appellant.