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PEOPLE v. ALLEN

No. C031985.

106 Cal.Rptr.2d 253 (2001)

88 Cal.App.4th 986

The PEOPLE, Plaintiff and Respondent, v. Linda Anne ALLEN, Defendant and Appellant.

Court of Appeals of California, Third District.

Rehearing Denied May 29, 2001.

Attorney(s) appearing for the Case

George Bond, Executive Director, and Deborah Prucha, Staff Attorney, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Robert R. Anderson, Senior Assistant Attorney General, Susan J. Orton, Assistant Supervising Deputy Attorney General, Charles Fennessey, Deputy Attorney General, for Plaintiff and Respondent.

KOLKEY, J.

In this appeal, we consider whether the fine described under Penal Code section 1202.4, subdivision (a)(2),1 which is to be "in the form of a penalty assessment in accordance with Section 1464," requires an underlying fine upon which it can be assessed.

Defendant Linda Anne Allen pleaded no contest to one count of burglary.2 Sentenced to the upper term of six years, she was also ordered to...

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