P. v. Oran
In a fit of road rage, defendant Jesse Kenneth Oran merged into a freeway lane already occupied by Tessa Canavarro, causing a collision that killed Canavarro. Convicted of vehicular manslaughter with gross negligence, defendant appeals. He contends: (1) the evidence was insufficient to sustain a finding that he was grossly negligent, (2) the jury instructions may have allowed the jury to convict defendant of vehicular manslaughter on a factually irrelevant theory, (3) there was insufficient evidence to support the booking and classification fees imposed, and (4) the trial court unlawfully imposed two restitution fines under Penal Code section 1202.4.
We find no merit in defendant’s contentions. However, we conclude that the trial court imposed an unauthorized sentence by imposing a Penal Code section 1202.45 restitution fine that was not equal to the Penal Code section 1202.4 restitution fine, as required by law. We therefore modify the Penal Code section 1202.45 restitution fine and affirm the judgment as modified.
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