After this post, i dont want to see that faggot havoc00 posting anymore shit about Sicx. Period
PEOPLE v. KUNITZNo. C044133.
18 Cal.Rptr.3d 843 (2004)
122 Cal.App.4th 652
The PEOPLE, Plaintiff and Respondent,
v.
Maxmillian Levec KUNITZ et al., Defendants and Appellants.
Court of Appeals of California, Third District.
September 21, 2004.
David McNeil Morse, under appointment by the Court of Appeal, for Defendant and Appellant Maxmillian Levec Kunitz.
Richard A. Levy, under appointment by the Court of Appeal, for Defendant and Appellant Anna Maria Lopez.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Stan Cross and Susan J. Orton, Deputy Attorneys General, for Plaintiff and Respondent.
DAVIS, Acting P.J.
Defendants Maxmillian Levec Kunitz and Anna Maria Lopez appeal following their guilty plea convictions of four counts each of forcibly committing a lewd or lascivious act upon a child. (§ 288, subd. (b)(1) (§ 288(b)(1)).)1 They contend that the trial court exceeded its jurisdiction by ordering that the imposed $6,400 restitution and parole revocation fines be payable jointly and severally. They request that the judgment be modified to reflect separate
[18 Cal.Rptr.3d 845]
$3,200 restitution and parole revocation fines payable individually. Since this contention has merit, we shall grant the requested relief.
FACTS AND PROCEDURAL HISTORY
Defendants were charged with numerous sex offenses arising from their molestation of two children. Defendants committed the crimes by, among other things, forcing the victims to pick a card from a deck of sexually explicit drawings and then perform the act as depicted in the drawing.
Kunitz was charged with 15 counts and Lopez with 13 counts of forcibly committing a lewd or lascivious act upon a child. (§ 288(b)(1).) Defendants were also charged with two counts each of oral copulation with a child under the age of 14 by a defendant who is 10 years older (§ 288a, subd. (c)(1)); four counts each of aggravated sexual assault of a child (§ 269, subd. (a)(4), (5)); and two counts each of sexual penetration of a child under the age of 14 by a defendant who is at least 10 years older (§ 289, subd. (j)). Kunitz was additionally charged with one count of aggravated sexual assault by means of rape (§ 269, subd. (a)(1)), while Lopez was charged with five separate counts of committing a lewd or lascivious act upon a child (§ 288, subd. (a)(1)).
Pursuant to a plea bargain, both defendants pleaded guilty to four counts of forcibly committing a lewd or lascivious act upon a child. (§ 288(b)(1).) At sentencing, the trial court imposed a restitution fine of $6,400 and a parole revocation fine in the same amount, to be payable jointly and severally by both defendants. Each defendant was sentenced to 32 years in prison.
PEOPLE v. KUNITZ | Leagle.com
PEOPLE v. KUNITZNo. C044133.
18 Cal.Rptr.3d 843 (2004)
122 Cal.App.4th 652
The PEOPLE, Plaintiff and Respondent,
v.
Maxmillian Levec KUNITZ et al., Defendants and Appellants.
Court of Appeals of California, Third District.
September 21, 2004.
David McNeil Morse, under appointment by the Court of Appeal, for Defendant and Appellant Maxmillian Levec Kunitz.
Richard A. Levy, under appointment by the Court of Appeal, for Defendant and Appellant Anna Maria Lopez.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Stan Cross and Susan J. Orton, Deputy Attorneys General, for Plaintiff and Respondent.
DAVIS, Acting P.J.
Defendants Maxmillian Levec Kunitz and Anna Maria Lopez appeal following their guilty plea convictions of four counts each of forcibly committing a lewd or lascivious act upon a child. (§ 288, subd. (b)(1) (§ 288(b)(1)).)1 They contend that the trial court exceeded its jurisdiction by ordering that the imposed $6,400 restitution and parole revocation fines be payable jointly and severally. They request that the judgment be modified to reflect separate
[18 Cal.Rptr.3d 845]
$3,200 restitution and parole revocation fines payable individually. Since this contention has merit, we shall grant the requested relief.
FACTS AND PROCEDURAL HISTORY
Defendants were charged with numerous sex offenses arising from their molestation of two children. Defendants committed the crimes by, among other things, forcing the victims to pick a card from a deck of sexually explicit drawings and then perform the act as depicted in the drawing.
Kunitz was charged with 15 counts and Lopez with 13 counts of forcibly committing a lewd or lascivious act upon a child. (§ 288(b)(1).) Defendants were also charged with two counts each of oral copulation with a child under the age of 14 by a defendant who is 10 years older (§ 288a, subd. (c)(1)); four counts each of aggravated sexual assault of a child (§ 269, subd. (a)(4), (5)); and two counts each of sexual penetration of a child under the age of 14 by a defendant who is at least 10 years older (§ 289, subd. (j)). Kunitz was additionally charged with one count of aggravated sexual assault by means of rape (§ 269, subd. (a)(1)), while Lopez was charged with five separate counts of committing a lewd or lascivious act upon a child (§ 288, subd. (a)(1)).
Pursuant to a plea bargain, both defendants pleaded guilty to four counts of forcibly committing a lewd or lascivious act upon a child. (§ 288(b)(1).) At sentencing, the trial court imposed a restitution fine of $6,400 and a parole revocation fine in the same amount, to be payable jointly and severally by both defendants. Each defendant was sentenced to 32 years in prison.
PEOPLE v. KUNITZ | Leagle.com
