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Name: People v. Phillips
Case #: F081859
Opinion Date: 11/28/2022
Attorney: David Polsky

The Court of Appeal agreed with the parties that the appellant’s parole revocation fine pursuant to Penal Code section 1202.45 must be stricken because section 1202.45 is not applicable unless the sentence includes a determinate prison term, which it did not in this case. The court agreed remand was required based on retroactive application of Assembly Bill No. 518 (2021-2022 Reg. Sess.), which amended Penal Code section 654 to give trial courts the discretion to choose the count on which to impose punishment (instead of having to choose the one that provided for the longest potential term of imprisonment).