Does a court stay a sentence on one felony count under section 654 of the Criminal Code and use the stayed count in calculating a statutory fine?

California, United States of America


The following excerpt is from The People v. Torres, H034300, No. CC807808 (Cal. App. 2010):

However, where, as here, the court stays the sentence on one felony count under section 654, it may not use the stayed count in calculating the fine under the statutory formula. (People v. Le (2006) 136 Cal.App.4th 925, 934.)

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