People v. Villareal CA5

INTRODUCTION

Defendant and appellant Michael Vincent Villareal contends on this appeal that the trial court erred by not staying his false imprisonment sentence under Penal Code section 6541 and by imposing $960 in fines after finding he was unable to pay. We reject appellant’s claim his sentence violates section 654 but agree that the sentencing minute order and abstract of judgment fail to reflect the court struck the $960 fine. We order the court to modify its records to reflect the court struck the $960 fine and issue a corrected minute order and abstract of judgment. In all other respects, we affirm the judgment.

FACTUAL SUMMARY

On November 7, 2021, appellant asked V.Q. to pick him up at a friend’s house in Fresno where he had been staying for the weekend. Appellant had been in a dating relationship with V.Q. for two years. V.Q. drove to the friend’s house and stayed while they watched a football game. Around 2:00 p.m., when the game ended, V.Q. and appellant decided to go to a casino in Madera County. V.Q. had two or three alcoholic beverages and appellant consumed at least three or four alcoholic beverages. After a few hours at the casino, they left to go home. V.Q. was…