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P. v. McDaniel
A jury found defendant guilty of burglary (Pen. Code, 459; undesignated statutory references are to the Penal Code), robbery ( 211), and murder ( 187) and found true the special circumstances that the murder was committed while he was engaged in a burglary and robbery ( 190.2, subd. (a)(17)) and the allegation he was armed during the commission of the crimes ( 12022, subd. (a)). Defendant was sentenced to state prison for life without the possibility of parole for the murder with special circumstances, plus one year for the armed enhancement, and ordered to pay a $10,000 restitution fine ( 1202.4, subd. (b)) and $13,450 in victim restitution, $10,000 of which was for stolen property ( 1202.4, subd. (f)). Defendant appealed, and this court affirmed the judgment. (People v. McDaniel (Feb. 26, 2003, C037451) [nonpub. opn.].)
Defendant appeals, contending (1) the trial court abused its discretion in ordering him to pay $5,000 for missing items and (2) the restitution order must be amended to show that it is in lieu of . . . the restitution fine. (Capitalization omitted.) Court agree the $8,450 in victim restitution is in lieu of the $10,000 restitution fine. Accordingly, Court modify the judgment to reduce the restitution fine to $1,550 and affirm the judgment as modified.


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