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PEOPLE v. WILLIE

No. A106952.

34 Cal.Rptr.3d 532 (2005)

133 Cal.App.4th 43

The PEOPLE, Plaintiff and Respondent, v. Chili WILLIE, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

October 3, 2005.

Attorney(s) appearing for the Case

William J. Capriola, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gerald A. Engler, Assistant Attorney General, Catherine A. Rivlin and Allen R. Crown, Deputy Attorneys General.

SIMONS, J.

In this appeal we review an order entered nunc pro tunc by the sentencing judge releasing funds taken from defendant upon his arrest to pay the Victim Compensation and Government Claims Board (Victim Compensation Board) in satisfaction of a restitution fine. We conclude that the order was improper, although the funds are available for payment of the restitution fine.

BACKGROUND

In 2001,...

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