P. v. Quintana
Sergio Quintana and Fernando Quintana appeal from judgments entered following their convictions by jury of first degree murder (Pen. Code, SS 187, 189; counts 1 and 2), each with a special circumstance allegation that the offense was committed by lying in wait (Pen. Code, S 190.2, subd. (a)(15)), while kidnapping (Pen. Code, S 190.2, subd. (a)(17), and while inflicting torture (Pen. Code, S 190.2, subd. (a)(18)). The court sentenced each appellant to prison for life without the possibility of parole.
We accept respondent's concession that the trial court erroneously imposed a Penal Code section 1202.45 restitution fine as to each appellant, since that fine is inapplicable where, as here, the court sentenced each appellant to prison for life without the possibility of parole.
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