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PEOPLE v. GIORDANO

No. E036325.

34 Cal.Rptr.3d 47 (2005)

The PEOPLE, Plaintiff and Respondent, v. Charles GIORDANO, Defendant and Appellant.

Court of Appeals of California, Fourth District, Division Two.

August 24, 2005.

Attorney(s) appearing for the Case

Diane Nichols, San Diego, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Robert M. Foster and James D. Dutton, Supervising Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

GAUT, J.

1. Introduction

Defendant Charles Giordano pleaded guilty to Penal Code section 192, subdivision (c)(3), driving under the influence resulting in the death of another individual. He was sentenced to four years in prison, ordered to pay a restitution fine of $400 and a parole restitution fine of $400. The plea agreement expressly provided that no direct restitution would be made to the victim.

On May 5, 2004, after...

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