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Name: People v. Ferris
Case #: D033181
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 04/11/2000
Subsequent History: Review denied 11/15/00

Where appellant was tried on two separate informations in one trial, the trial court erred in imposing two separate Penal Code section 1202.4, subdivision (b), and two separate section 1202.45 restitution fines. Relying on People v. McNeely (1994) 28 Cal.App.4th 739, and rejecting any distinction between joinder and consolidation for this purpose, the Court of Appeal held that the imposition of these fines constituted an unauthorized sentence. Because the language of the statutes applies to “cases” which is ambiguous, the court applied the rule of lenity and construed the statute in the light most favorable to appellant by modifying the judgment to include only one pair of restitution fines.