P. v. Wilson CA5
The court sentenced appellant to the middle term of two years as to count 2 and the upper term of three years as to count 3, to be served concurrently. On appeal, appellant contends (1) his conviction on count 2 must be reversed because it was supported by insufficient evidence; (2) alternatively, his sentence for count 2 must be stayed because it was executed in violation of the prohibition against multiple punishment (§ 654); and (3) the court erred by imposing certain fines and fees without making a determination that appellant had the ability to pay them. We modify the judgment to reflect the sentence on count 2 is stayed. In all other respects, we affirm the judgment as modified.
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