P. v. Binns CA2/3
In 2013, defendant Marques Sayyed Binns and a codefendant were convicted of murder; Binns, who was the getaway driver, was prosecuted as an aider and abettor under the natural and probable consequences doctrine. In 2019, after the Legislature abolished that theory of liability, Binns petitioned for recall and resentencing under Penal Code section 1170.95. In 2021, on remand from this court, the trial court granted the petition and resentenced Binns to the target offense of assault with a firearm.
On appeal, Binns argues that, based on his excess custody credits, his restitution fine should be deemed satisfied. The People concede the point, and we modify the judgment accordingly. Binns also argues that he should not be required to pay the victim restitution award because it was based on his murder conviction, which no longer stands, and his conduct underlying the assault conviction was not a substantial and proximate cause of the claimed financial losses.
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