Is a restitution fine imposed under section 1202.4 subject to section 654?

California, United States of America


The following excerpt is from People v. Humphrey, A156414 (Cal. App. 2020):

A restitution fine imposed under section 1202.4 is a "punishment" and a "criminal penalty" and therefore subject to section 654. (People v. Le (2006) 136 Cal.App.4th 925, 933, 934 [trial court erred in considering a felony conviction that should have been stayed under section 654 when calculating the defendant's restitution fine under section 1202.4].) The Attorney General concedes, and we agree, the matter shall be remanded for the trial court to reconsider its restitution fine.

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