P. v. Algarin CA3
Defendant Alexis Algarin appeals following his no contest plea to multiple counts of assault with a firearm and admission to one firearm use enhancement. He argues the trial court erred in imposing the upper term for both the assault and enhancement, alleging the trial court impermissibly engaged in dual use of facts.
We disagree the trial court abused its discretion. However, we agree with the parties that defendant is nevertheless entitled to remand in view of the passage of Senate Bill No. 567 (2021-2022 Reg. Sess.). We further conclude the trial court failed to impose all mandatory fees. Accordingly, we reverse the judgment for further proceedings consistent with this decision. We otherwise affirm.
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