P. v. Aria
Defendant appeals from the judgment entered following his convictions by jury on count 1 first degree murder (Pen. Code, 187, 189) with a principal armed with a firearm (Pen. Code, 12022, subd. (a)(1)) and special circumstance findings that appellant committed the offense for financial gain (Pen. Code, 190.2, subd. (a)(1)) and lying in wait (Pen. Code, 190.2, subd. (a)(15)), count 2 solicitation of murder (Pen. Code, 653f, subd. (b)), and count 3 conspiracy (Pen. Code, 182, subd. (a)(1)). The court resentenced appellant to prison for a total unstayed term of life without the possibility of parole, plus two years.
Court accept respondents concession that imposition of a $1,000 restitution fine pursuant to Penal Code section 1202.4, subdivision (b), violated the state Constitutions double jeopardy provision. Finally, in light of our resolution of appellants other contentions, Court reject appellants contention that the matter should be remanded to a different trial court judge.
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