P. v. Crawford CA5
Defendant Jezrell Leavel Crawford contends on appeal that his $296 report fee must be vacated because Assembly Bill No. 1869’s (2019−2020 Reg. Sess.) (Assembly Bill 1869) amendment to Penal Code section 1203.1b must be retroactively applied to his case. The People argue the amendments are not retroactive, but that the balance of defendant’s report fee must nonetheless be vacated under former section 1203.1b.
We also ordered the parties to submit supplemental briefing regarding the impact of Senate Bill No. 567 (2021–2022 Reg. Sess.) (Senate Bill 567), which modified section 1170, subdivision (b), to require imposition of the middle term of imprisonment unless circumstances in aggravation justify imposition of a greater sentence. (Stats. 2021, ch. 731, § 1.3.) It further modified section 1170, subdivision (b), to require that the circumstances in aggravation be found true beyond a reasonable doubt or be stipulated to by the defendant. (Ibid.)
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