P. v. Burney CA4/1
APPEAL from a judgment of the Superior Court of San Diego County, Eugenia Eyherabide, Judge. Remanded with instructions.
Lynda A. Romero, under appointment by the Court of Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Andrew Mestman, and Arlene A. Sevidal, Deputy Attorneys General, for Plaintiff and Respondent.
Tiffany Nicole Burney contends that this court must remand this case for resentencing to allow the trial court to exercise its new discretion to possibly select an uncharged, lesser firearm enhancement as explained by the California Supreme Court in People v. Tirado (2022) 12 Cal.5th 688 (Tirado). Additionally, Burney contends, and the Attorney General agrees, that pursuant to Assembly Bill No. 1869 (Assembly Bill 1869), as of July 1, 2021, Burney is no longer required to pay a $154 criminal justice administrative fee.
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