People v. Murillo CA5

Filed 3/30/22 P. v. Murillo CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F082504 Plaintiff and Respondent, (Super. Ct. No. VCF393323B) v.

GABRIEL MURILLO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Juliet L. Boccone, Judge. Kendall Dawson Wasley, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Michael A. Canzoneri and Tia M. Coronado, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P.J., Peña, J. and Snauffer, J.

Defendant Gabriel Murillo contends on appeal that his $250 report fee must be vacated because Assembly Bill No. 1869 (2019–2020 Reg. Sess.) (Assembly Bill 1869) repealed Penal Code section 1203.1b1 and must be applied to his case.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. PROCEDURAL SUMMARY On September 30, 2020, the Tulare County District Attorney filed an information charging defendant with assault with a deadly weapon (§ 245, subd. (a)(1); count 1) with great bodily injury and gang enhancements (§§ 12022.7, subd. (a), 186.22, subd. (b)(1)(C)), and active participation in a criminal street gang (§ 186.22, subd. (a); count 2) with a great bodily harm enhancement (§ 12022.7, subd. (a)). On December 23, 2020, defendant pled nolo contendere as to all charges, and the two enhancements to count 1. The remaining enhancement to count 2 was dismissed. On January 25, 2021, the trial court sentenced defendant to prison for a total term of five years. The execution of the sentence was suspended for three years for defendant to serve a term of probation, subject to 365 days in local custody. The trial court also imposed various fines and fees and imposed a $250 report fee (former § 1203.1b). On March 11, 2021, defendant filed a notice of appeal. DISCUSSION2 Defendant contends any unpaid portion of his $250 report fee must be vacated pursuant to the application of repealed section 1203.1b. The People agree. We agree with the parties.