P. v. Jones CA5
Defendant Kelvin Jones was convicted of one count of inflicting corporal injury upon a spouse. In his appeal, defendant contends (1) the trial court erred in admitting evidence of an uncharged domestic violence incident in violation of Evidence Code sections 352 and 1109, and (2) he was entitled to a hearing on his ability to pay before certain fees were imposed at sentencing. Following the passage of Senate Bill No. 567 (Reg. Sess. 2021–2022) (Senate Bill 567), which made changes to Penal Code section 1170, defendant now asks this court to remand his case to the trial court for a reconsideration of his sentence. After addressing the issues raised in this appeal, we affirm defendant’s conviction, but remand with instructions to vacate the current sentence and resentence defendant in this matter.
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