P. v. Martinez CA4/2
Following a probation revocation hearing, the trial court found that defendant and appellant Daniel Martinez had violated five of his probationary terms and sentenced him to six years in state prison, which included the upper term of three years, plus three years for the great bodily injury enhancement. The court also imposed a restitution fine in the amount of $300. On appeal, defendant contends the trial court erred in imposing the restitution fine and that the matter should be remanded for a new sentencing hearing in light of Senate Bill No. 567 (2021-2022 Reg. Sess.). We conclude that the restitution fine must be stricken, and remand the matter for a new sentencing hearing in light of Senate Bill No. 567.
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