California, United States of America
The following excerpt is from People v. Tate, B287447 (Cal. App. 2019):
As to defendant's sentencing claims, we reject the argument that the concurrent sentence on the vandalism count must be stayed pursuant to section 654 because there is substantial evidence supporting the trial court's implied finding that defendant harbored separate criminal objectives in committing both offenses. Defendant's challenge to fines and fees under People v. Dueas (2019) 30 Cal.App.5th 1157 (Dueas) is forfeited on these factsi.e., where defendant made no ability to pay objection in the trial court despite imposition of a restitution fine that the applicable statute expressly authorized defendant to challenge on ability to pay grounds. We agree with defendant, however, that a remand is in order so the trial court may consider whether it wishes to exercise discretion to strike the five-year section 667, subdivision (a)(1) enhancementdiscretion it did not have at the time it imposed sentence.
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