People v. Moreno CA4/1

Filed 8/15/22 P. v. Moreno CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D079159

Plaintiff and Respondent,

v. (Super. Ct. No. SCN398370)

OSCAR MORENO,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Carlos O. Armour, Judge. Remanded with instructions. Matthew A. Lopas, 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, Collette C. Cavalier and Ksenia Gracheva, Deputy Attorneys General, for Plaintiff and Respondent. Oscar Moreno pled guilty to felony child abuse, grand theft of personal property, and unlawful possession of methamphetamine. The court stayed imposition of sentence and placed him on probation. After Moreno later

admitted to four separate probation violations, the court sentenced him to an upper-term prison sentence and imposed several fines, fees, and assessments, which were stayed pending an ability to pay hearing. Moreno contends that the criminal justice administration fee (Gov. Code, § 29950) must be vacated, that the abstract of judgment must be corrected to reflect the oral pronouncement of judgment, and that the matter should be remanded for resentencing in light of Senate Bill No. 567 (Senate Bill 567) (Stats. 2021, ch. 731, § 1.3, amending 1170, subd. (b)), which created a presumptive mandate for a middle-term sentence. We agree with Moreno, and we will remand the matter for resentencing in light of Senate Bill 567. We will also direct the court to vacate the criminal justice administration fee that remains unpaid as of July 1, 2021 and correct the abstract of judgment to conform with the oral pronouncements. I. FACTUAL AND PROCEDURAL BACKGROUND On March 27, 2019, the People charged Moreno with felony child abuse