The Court of Appeal held that the trial court twice erred under Penal Code section 654 by imposing separate punishments for both domestic violence and simple assault where those convictions arose from single incidents of domestic violence. The Court further found that the trial court erred by ordering appellant to pay a domestic violence fund fee pursuant to Penal Code section 1203.097, because appellant was committed to state prison and section 1203.097 only applies “[i]f a person is granted probation. . . .” Finally, the Court remanded the case for resentencing in light of AB 518, which amended Penal Code section 654 to provide that an act or omission punishable in different ways by different provisions of law may be punished under any such provision (as opposed to the provision that provided for the longest potential term of imprisonment). Upon resentencing, the Court noted that “any applicable legislative changes can be considered by the trial court on remand.”
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