P. v. Roe CA5
Defendant Tyler Roe was convicted of 14 offenses in four cases. As part of defendant’s sentence, the trial court imposed fines and fees. It then stayed the sentence on one of defendant’s convictions pursuant to Penal Code section 654, but it did not stay the fines and fees imposed as to that count. On appeal, he contends that the trial court erred (1) in failing to stay the fines and fees related to the conviction for which the sentence was stayed, and (2) in imposing section 1464 state penalties more than once per case. The People agree with defendant as to the first issue, but disagree as to the second issue. We vacate the sentence and remand for resentencing with direction to stay the fines and fees imposed as to the stayed count and strike the portion of the section 1464 penalties imposed based upon the fines and fees that must be stayed.
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