Is a fine imposed on a defendant who is convicted of domestic violence and placed on probation an unauthorized sentence?
California, United States of America
The following excerpt is from The People v. Cuchine, B214117, No. BA340831 (Cal. App. 2010):
Section 1203.097, subdivision (a)(5) calls for a fine to be imposed when a defendant is convicted of domestic violence and placed on probation. Appellant was sentenced to state prison. Therefore, the fine is unauthorized and should be stricken. (See People v. Dotson (1997) 16 Cal.4th 547, 554, fn. 6 [unauthorized sentence may be raised for first time on appeal].)
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