P. v. Cruz CA5
Defendant David Valdez Cruz contends on appeal that (1) there was insufficient evidence to prove his prior conviction constituted a “strike” under the “Three Strikes” law to support a serious felony sentence enhancement (Pen. Code, §§ 245, subd. (a)(1), 667, subds. (a)(1), (b)–(i), 1170.12, subds. (a)–(d)); (2) his sentence on count 4 should be stayed pursuant to section 654; and (3) his presentence report and booking fees must be vacated because Assembly Bill No. 1869’s (2019–2020 Reg. Sess.) (Assembly Bill 1869) amendments to section 1203.1b and Government Code section 29550.2, must be applied to his case. The People agree.
The sentence is conditionally vacated, and the case is remanded to the trial court to determine the validity of the prior serious felony conviction. If the trial court determines that defendant’s prior conviction constitutes a serious felony conviction, the sentence shall be reinstated.
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