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People v. Tarris, No. E046290

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By FindLaw Staff on December 22, 2009 10:40 AM

Conviction of defendant for unlawful disposal of hazardous waste and related offenses is affirmed as there was sufficient evidence to support defendant's convictions and the trial court did not abuse its discretion in ordering defendant to pay the Hazardous Materials Management Division (HMMD) for the costs of investigation as a condition of probation.  However, defendant's sentence is reversed where: 1) the trial court erred in imposing restitution fines under Health and Safety Code section 25189.5(e), which resulted in duplicate fines, constituting multiple punishment for the same act or course of conduct; and 2) the court erred in imposing excessive court security fees and in assessing a court construction fee. 

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Appellate Information

Filed December 21, 2009


Opinion by Judge Gaut

For Appellant:   Joanna Rehm

For Appellee:   Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and Steve Oetting, Deputy Attorney General

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