P. v. Duarte CA5
Defendant Frank Duarte pled guilty to being a felon in possession of a firearm and possession of an assault weapon. He contends on appeal that (1) the warrantless search of his vehicle that led to the discovery of the firearm was unlawful because it was unsupported by probable cause and no exception to the warrant requirement applied, and (2) the fees imposed pursuant to former Penal Code section 1465.9 and former Government Code section 29550.2 must be vacated as unenforceable and uncollectable pursuant to Assembly Bill No. 1869 (2019−2020 Reg. Sess.) (Assembly Bill 1869). The People disagree on the first issue, arguing that the search was supported by probable cause and exceptions to the warrant requirement. However, the People agree that defendant is entitled to the benefit of Assembly Bill 1869. We vacate the portion of the sentence imposing fees pursuant to former section 1465.9 and former Government Code section 29550.2. In all other respects, we affirm.
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