P. v. Bates CA4/2
A jury found defendant and appellant Amador Dean Bates guilty of attempted arson, assault with a deadly weapon other than a firearm, and misdemeanor. A trial court sentenced him to a total of three years in state prison, consisting of three years on count 2 (the principal count), plus a concurrent two years on count 1, and one year on count 3. The court also imposed various fines and fees, including a restitution fine of $600, pursuant to section 1202.4. On appeal, defendant contends: (1) the trial court should have stayed the sentences on counts 1 and 3, pursuant to section 654; and (2) the court imposed the incorrect amount for the restitution fine. The People concede, and we agree, that the court should have stayed the sentence on count 1. We also agree that the court imposed the incorrect amount for the restitution fine on each count.
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