Can a defendant appeal his sentencing under section 12022.53, subdivision (d) of the California Criminal Code for assault with intent to cause grievous bodily harm?
California, United States of America
The following excerpt is from People v. Alonzo, G057141 (Cal. App. 2020):
Defendant raises two sentencing issues on appeal. First, he contends the court was not aware of its discretion to modify the firearm enhancement imposed under section 12022.53, subdivision (d) to a lesser-included firearm enhancement. He accordingly requests we remand the matter for resentencing. We disagree. The court did not have the power to substitute the firearm enhancement with a lesser-included enhancement. Second, defendant argues the court erred by imposing restitution fines and court fees without conducting a hearing on his ability to pay in violation of the holding in
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People v. Dueas (2019) 30 Cal.App.5th 1157 (Dueas). We conclude any error was harmless.
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