P. v. Billings CA5
Following a jury trial, defendant Brian Billings was found guilty of one count of taking a motor vehicle with the intent to permanently or temporarily deprive the owner of title to and possession of the vehicle (Veh. Code, § 10851, subd. (a)), and three counts of dissuading a witness from prosecuting a crime (Pen. Code, § 136.1, subd. (b)(2)). In this appeal, defendant only challenges the sufficiency of the evidence supporting the convictions for dissuading a witness from prosecuting a crime. Recently, defendant filed a supplemental brief arguing the sentence he received must now be vacated due to legislative changes made by Senate Bill No. 567 (Reg. Sess. 2020–2021) (Senate Bill 567). While we find substantial evidence exists to support the convictions, we vacate the sentence imposed and remand this case so that defendant may be resentenced. In all other respects, the judgement is affirmed.
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