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Name: People v. Gomes
Case #: F083641
Opinion Date: 01/31/2023
Attorney: Aaron J. Schechter
Summary

The Court of Appeal agreed with the parties that Assembly Bill No. 518, which modified Penal Code section 654 to give trial courts the discretion to choose the count on which to impose punishment (instead of having to choose the one that provided for the longest potential term of imprisonment), applies retroactively to the appellant’s case. Additionally, the trial court improperly imposed a domestic violence fine pursuant to section 1203.097 after sentencing the appellant to state prison, as the fine may only be imposed when a defendant is granted probation. The Court of Appeal ordered the matter remanded for resentencing pursuant to amended section 654, struck the domestic violence fine, and noted that appellant may raise his claims regarding the trial court’s imposition of fines and fees without finding he had the ability to pay (People v. Duenas (2019) 30 Cal.App.5th 1157) on remand.