P. v. Holbert
A decision regarding convictions for assault with intent to commit rape and sexual penetration by a foreign object. Appellant claims that the trial court erred by improperly commenting on the evidence, denying his motion for new trial, failing to dismiss the sexual penetration conviction as an included offense of the assault, conducting a jury trial of sentencing factors, instructional error, section 654 error, error in ordering a sex offender fine (§ 290.3) and reimbursement of medical examination costs (§ 1203.1h). Judgment modified to impose new fines, and strike §1203.1h. Remanded to verify Appellant's ability to pay fines. Otherwise, judgment affirmed.
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