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Name: People v. Curry
Case #: C095569
Opinion Date: 11/22/2022
Attorney: Kyle Gee
Summary

Appellant was resentenced in 2022 pursuant to Senate Bill No. 620 and People v. Tirado (2022) 12 Cal.5th 688. The parties and trial court did not specifically discuss ameliorative sentencing legislation that had become operative at the start of the year. The Court of Appeal assumed the issue was not forfeited and found the error was not harmless. The matter was reversed and remanded for resentencing under the new ameliorative legislation: Senate Bill No. 81 (2021-2022 Reg. Sess.), which governs a court’s discretion in considering whether to dismiss an enhancement; Senate Bill No. 567 (2021-2022 Reg. Sess.), which governs triad sentencing discretion; and Assembly Bill No. 518 (2021-2022 Reg. Sess.), which allowed courts, when a defendant violates multiple laws in a single course of action, to choose the punished offense . Additionally, the court agreed with the parties that (1) the appellant’s booking and classification fees under former Government Code section 29550.2 must be vacated, and (2) the trial court erred by not recalculating defendant’s custody credits upon resentencing and must do so on remand.