Does a court have authority to "stay" a restitution order?
California, United States of America
The following excerpt is from People v. Dunson, E056565 (Cal. App. 2015):
court has "no authority to 'stay' the . . . restitution fine . . . ." (People v. Woods (2010) 191 Cal.App.4th 269, 273.) When, as here, the court imposes and stays a restitution fine, it acts "in excess of the court's jurisdiction, [and the order] must be set aside." (Ibid.)
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