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Name: People v. Lai
Case #: B165662
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 04/26/2006

For thefts of more than $100,000, but less than $500,000, a defendant may be punished by consecutive enhancements under both Penal Code sections 186.11, subdivision (a)(3), and section 12022.6, subdivision (a). The court must impose both terms, but stay execution of the term imposed under section 12022.6, subdivision (a). Therefore, appellant’s case was remanded for resentencing where the court imposed a non-stayed two-year enhancement under section 12022.6, subdivision (a). Further, for non-probationary sentences, neither section 1202.4, subdivision (f) nor section 186.11, subdivision (d) permit restitution for losses caused by crimes for which the defendant was not convicted. Therefore, where a portion of the restitution award was attributable to aid fraudulently obtained before the charged period, and appellant was sentenced to state prison, that portion of the restitution order had to be stricken. Also, section 186.11, subdivision (l) does not preclude imposing restitution fines (under sections 1202.4 and 1202.45)in addition to the fine of section 186.11, subdivision (c). The fine imposed by section 186.11, subdivision (l) is not a restitution fine but a discretionary penal fine. Therefore, both fines were properly imposed.