People v. Shaba CA4/1

California Court of Appeal Mar 24, 2015 No. D065501Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court held that the defendant forfeited his challenge to the restitution fines by failing to object in the trial court, and that the fines imposed were within the court's statutory discretion.

Issues

Whether the defendant forfeited his challenge to the restitution fines by failing to object in the trial court.
Whether the restitution fines imposed violated the state and federal prohibitions against ex post facto punishment.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“We will first determine that Shaba has forfeited his claim by failing to make a timely objection in the trial court.”

“The fines imposed fall well within the jurisdiction of the court.”

“Nothing in this record shows either legal error or abuse of discretion.”

Filed 3/24/15 P. v. Shaba CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D065501

Plaintiff and Respondent,

v. (Super. Ct. Nos. SCD232237, SCD233745) RANSE SHABA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Jeffrey F.

Fraser, Judge. Affirmed.

Steven J. Carroll, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson, Lynne G.

McGinnis and Kristine A. Gutierrez, Deputy Attorneys General, for Plaintiff and

Respondent.

This appeal is from a sentencing involving two different cases. In case No.

SCD233745, Ranse Shaba entered a guilty plea to one count of first degree robbery in

concert (Pen. Code,1 §§ 211 & 213, subd. (a)(1)(A)). He also admitted personal use of a

firearm (§ 12022.53, subd. (b)). The parties agreed to a stipulated sentence of 13 years in

prison.

In case No SCD232237, Shaba entered a guilty plea to first degree robbery and

People v. Shaba CA4/1

AI Brief

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D065501

More from California Court of Appeal

Related research

DISCUSSION

DISPOSITION

AARON, J.

IRION, J.

AI Brief