Is Section 654 of the California Criminal Code violated when a court considers a felony conviction for which the sentence should have been stayed pursuant to section 654 as part of the calculation of a restitution fine?
California, United States of America
The following excerpt is from People v. Tischer, G057393 (Cal. App. 2020):
8. Section 654 is violated when a trial court "considers a felony conviction for which the sentence should have been stayed pursuant to section 654 as part of the court's calculation of the restitution fine . . . ." (People v. Le (2006) 136 Cal.App.4th 925, 934.)
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