P. v. Abernathy CA5
APPEAL from a judgment of the Superior Court of Fresno County. James A. Kelley, Judge.
Joshua G. Wilson, under appointment by the Court of Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Michael P. Farrell, Assistant Attorney General, Amanda D. Cary and Louis M. Vasquez, Deputy Attorneys General, for Plaintiff and Respondent.
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Defendant Eriq Ray Abernathy contends on appeal that his $296 presentence report fee must be vacated because Assembly Bill 1869’s (2019−2022) (Assembly Bill 1869) amendment to Penal Code section 1203.1b must be applied to his case. We vacate the portion of the judgment requiring payment of fees pursuant to former section 1203.1b. We affirm in all other respects.
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