P. v. Dickinson CA3
Defendant Bennie Edward Dickinson pleaded guilty to fleeing a pursuing peace officer’s motor vehicle while driving recklessly and admitted he served two prior prison terms. The trial court sentenced him to serve an aggregate term of five years in state prison, including two years for the two prior prison term enhancements. Additionally, the court imposed court operations and conviction assessments and a restitution fine. On appeal, defendant contends: (1) the prior prison term enhancements must be vacated based on the retroactive application of Senate Bill No. 136 (2019-2020 Reg. Sess.) (Senate Bill 136) (Stats. 2019, ch. 590, § 1, eff. Jan. 1, 2020); (2) the imposition of the court assessments violates his constitutional rights because there was no determination of his ability to pay them; (3) the imposition of a restitution fine without an ability to pay hearing violates the excessive fines prohibition; and (4) the imposition of a restitution fine without an ability to pay hearing
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