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| Case Name | People v. Boulware | |
|---|---|---|
| Date | 04/10/2008 | |
| Note | [Unpublished] After the appellant has obtained an order for a new trial, a trial court is limited to imposing a sentence no greater than that originally imposed. Thus, the trial court here was unhampered during resentencing by its former choice of middle-term punishment for the insurance fraud. | |
| Citation | B199914 | |
| WCC Citation | WCC 33402008 CA |
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, Plaintiff and Respondent, v. RUBEN O. BOULWARE, Defendant and Appellant. Ruben O. Boulware (appellant) was found guilty by jury of two counts of workers' compensation fraud (Ins. (People v. Ruben Odell Boulware, B171283, filed Oct. 26, 2004 [unpub. Appellant had also filed a petition for habeas corpus that this court considered concurrently with the appeal, In re Ruben O. Boulware, B174108. The trial court dismissed the charges of workers' compensation fraud, leaving appellant with only the one conviction of insurance fraud.
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