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PEOPLE v. ROSAS

No. G043158.

191 Cal.App.4th 107 (2010)

THE PEOPLE, Plaintiff and Respondent, v. FEDERICO ROSAS, Defendant and Appellant.

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

December 21, 2010.

Attorney(s) appearing for the Case

Catherine White , under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Gary W. Schons , Assistant Attorney General, Steve Oetting and Robin Derman , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

SILLS, P. J.—

I. INTRODUCTION

One of the issues in this appeal from the resentencing of Federico Rosas for two attempted murders of a rival gang member raises a question of first impression in criminal sentencing procedure: Does a trial court, upon appellate remand for resentencing, have the legal authority to make a new restitution fine order, even if the original restitution order was never addressed in the appeal...

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