P. v. Simmons CA5
Defendant Tory Marquise Simmons contends on appeal that the trial court abused its discretion in denying his Romero motion to dismiss a prior felony “strike” conviction within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)).
We also ordered the parties to submit supplemental briefing regarding the impact of Assembly Bill No. 1869 (2019–2020 Reg. Sess.) (Assembly Bill 1869), which eliminated many fines, fees, and assessments that courts have imposed under a variety of statutes, including former section 1203.1b, previously allowing collection of probation report fees. (Stats. 2020, ch. 92, § 47.) The People concede that defendant is entitled to the benefit of Assembly Bill 1869. We accept the People’s concessions.
We vacate the portion of the judgment requiring payment of fees pursuant to former section 1203.1b. In all other respects, we affirm.
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