California, United States of America
The following excerpt is from People v. Montes, 273 Cal.Rptr.3d 915, 59 Cal.App.5th 1107 (Cal. App. 2021):
Defendant claims that his conviction for violating Vehicle Code section 10851, subdivision (a), must be reversed because he cannot be convicted of both taking and receiving the same property, and that his sentence for vandalism on count 10 must be stayed under section 654 because the damage to the semi underlying that conviction occurred during the course of his flight from police underlying his conviction on count 8. Defendant also claims, in accordance with the postsentencing decision in People v. Dueas (2019) 30 Cal.App.5th 1157, 242 Cal.Rptr.3d 268 ( Dueas ), that he is entitled to relief from the fines and assessments imposed until and unless the People demonstrate he has the ability to pay.
The People dispute defendant's entitlement to any relief on his claims.
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