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Name: People v. Reyes
Case #: F084388
Opinion Date: 03/13/2023
Attorney: Gordon B. Scott

The Court of Appeal agreed with appellant that the trial court erred in imposing a fully consecutive six-year term. Although the crime was an in-prison offense, he was no longer serving time prison time when he was sentenced, and therefore, a full consecutive sentence was no longer appropriate under Penal Code section 1170.1, subdivision (c). The court also agreed that the trial court erred imposing a $10,000 restitution fine based on defendant’s violation of a Cruz waiver (rather than the facts of the offense).