People v. Enos

Opinion

BUCKLEY, J.

Pursuant to a negotiated plea bargain, appellant Robert Raymond Enos was convicted of receiving stolen property, unlawful possession of a firearm, commercial (second degree) burglary, and escape from a work farm. The plea bargain resolved three separate cases and judgments (Super. Ct. Stanislaus County, case Nos. 1051885, 1053951 and 1054325). Appellant was sentenced to a stipulated term of five years in all three cases. Pursuant to Penal Code

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sections 1202.4, subdivision (b) and 1202.45, the trial court imposed a restitution fine and matching parole revocation fine of $600 in case No. 1054325. It imposed restitution and parole revocation fines of $200 each in cases No. 1053951 and No. 1051885. Appellant has filed a separate appeal from each case (Nos. F044412, F044413, and F044414). We consolidated the three appeals.

DISCUSSION

Appellant contends that, because the three cases ended with a comprehensive plea agreement at a single sentencing hearing, the trial court erred by imposing three separate restitution fines under sections 1202.4, subdivision (b) and 1202.45. He relies on

People v. Ferris

(2000) 82 Cal.App.4th 1272 [99 Cal.Rptr.2d 180]

(Ferris),

where the defendant was convicted at a single trial in two separate cases and where there was a combined sentencing hearing. Although the trial court granted a motion to consolidate the two cases, no formal consolidation ever occurred. At sentencing, the trial court, in each case, imposed the statutory maximum $10,000 restitution fine and an identical parole revocation fine. On appeal, Ferris argued that the separate fines were unauthorized because section 1202.4, subdivision (b) and section 1202.45 limited restitution and parole revocation fines to a maximum of $10,000 for each case, and, as a matter of fact and law, the proceedings against him involved but “one case.”

{Ferris, supra,

at pp. 1276-1277.) The

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