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FADELLI CONCRETE PUMPING v. APPELLATE DEPT.

Docket Nos. H012900, H012881.

34 Cal.App.4th 1194 (1995)

40 Cal. Rptr.2d 757

FADELLI CONCRETE PUMPING, INC., Petitioner, v. THE APPELLATE DEPARTMENT OF THE SUPERIOR COURT OF SANTA CLARA COUNTY, Respondent; THE PEOPLE, Real Party in Interest. THE PEOPLE, Plaintiff and Appellant, v. FADELLI CONCRETE PUMPING, INC., Defendant and Respondent.

Court of Appeals of California, Sixth District.

May 4, 1995.

Attorney(s) appearing for the Case

COUNSEL

George W. Kennedy, District Attorney, Joseph Thibodeaux, Deputy District Attorney, and Kaci R. McKeown for Plaintiff and Appellant and for Real Party in Interest.

Filice & De Maria, Bryce C. Anderson and Anthony J. De Maria for Petitioner and for Defendant and Respondent.

No appearance for Respondent.

OPINION

COTTLE, P.J.

Defendant Fadelli Concrete Pumping, Inc., was convicted in a court trial of violating Vehicle Code section 35551, which prohibits operating a vehicle over certain statutory weight limits without a permit. The municipal court imposed a fine of $482. The People appealed, claiming that the applicable fine should have been in excess of $22,000, and that the municipal court had no discretion to assess a smaller fine...

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