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PEOPLE v. RIVERA

No. B117372.

82 Cal.Rptr.2d 278 (1999)

The PEOPLE, Plaintiff and Respondent, v. Hector Anthony RIVERA, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

Review Granted May 12, 1999.

Attorney(s) appearing for the Case

Athena Shudde, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Senior Assistant Attorney General, Kyle S. Brodie and Christina Russotto, Deputy Attorneys General, for Plaintiff and Respondent.

NEAL, J.

SUMMARY

Consecutive 25-year-to-life sentences imposed on a habitual burglar do not violate the constitutional bans on cruel and unusual punishment. Sums a defendant is ordered to pay in direct restitution to crime victims are not subject to statutory "penalty assessments" payable to the state and county.

FACTS AND PROCEEDINGS IN TRIAL COURT

On April 17, 1996, appellant committed residential burglaries at two locations in Beverly...

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