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Remand For Ability To Pay Fines Hearing

People v. Pinedo Court: California Courts of Appeal, Docket: F078442 (Fifth Appellate District), Opinion Date: July 15, 2021. Defendant was convicted of possession of a firearm by a felon (Count 1), possession of ammunition by a felon (Count 2), being under the influence of a controlled substance (Count 3), and possession of drug paraphernalia (Count 4). The Court of Appeal found no error with respect to either the Pitchess proceedings or the trial court's determination that there is no discoverable information in one of the officer's personnel file. In this case, the trial court followed the proper procedure and created an adequate record of the relevant in camera hearing. Furthermore, the trial court did not abuse its discretion in determining there is no information subject to disclosure. However, the court concluded that defendant is entitled to relief from the narcotics offender registration requirement and the prior prison term enhancement under Assembly Bill No. 1261 and Senate Bill No. 136. In light of the court's recent decision in People v. Montes (2021) 59 Cal.App.5th 1107, the court concluded that defendant is entitled to a remand so he may raise the issue of his ability to pay the fines, fees and assessments. The court otherwise affirmed.

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