ELR Citation: ELR 20008
No(s). E046290 (Cal. App. 4th Dist. Dec 21, 2009)

A California appellate court upheld an individual's conviction for the unlawful disposal of hazardous waste but reversed his sentence. There was sufficient evidence to support his conviction and the trial court did not abuse its discretion in ordering him to pay the local hazardous materials management agency for the costs of investigation as a condition of probation. However, the individual's sentence was reversed. The trial court erred in imposing restitution fines under the California Health and Safety Code, which resulted in duplicate fines. Imposing duplicate fines constitutes multiple punishment for the same act or course of conduct in violation of the Penal Code. The court also erred in imposing excessive court security fees and in assessing a court construction fee.