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Name: People v. Strickland
Case #: C094987
Opinion Date: 11/28/2022
Attorney: Robert Hernandez

The Court of Appeal remanded with instructions for the trial court to use its discretion to vacate one of the appellant’s convictions in light of the Supreme Court’s decision in People v. Aguayo (2022) 13 Cal.5th 974, which held that assault with a deadly weapon and assault with force likely to produce great bodily injury are the same offense and a defendant may not be convicted of both based on the same act or course of conduct. Additionally, the court agreed with the parties that the abstract of judgment should be amended to remove the $1,095 fee the trial court imposed for costs of preparing a presentence investigation report based on Penal Code section 1465.9, which made the fee unenforceable.