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Remand for Resentencing

People v. Thompson Court: California Courts of Appeal, Docket: H044699 (Sixth Appellate District), Opinion Date: September 12, 2022. Thompson was convicted of first-degree murder for a San Jose shooting death (Pen. Code 187(a)) and possession of a firearm by a felon (29800(a)(1)), with a finding that he personally and intentionally discharged a firearm in the commission of the murder (12022.53(d)). The court found true the allegations that Thompson had a prior juvenile strike adjudication and had served a prior prison term and sentenced him to 76 years to life, imposed various fines and fees, and ordered victim restitution. The court of appeal upheld the conviction, rejecting claims concerning evidence of intimidation, the admission of evidence about internet searches, prosecutorial misconduct, and ineffective assistance of counsel. The court remanded for resentencing, for the trial court to strike the prior prison term enhancement and consider whether to exercise its discretion to strike the firearm enhancement or to impose a lesser enhancement, based on changes in the law, and to vacate the portion of the $129.75 criminal justice administration fee that remained unpaid. On remand, Thompson may raise his inability to pay the fines and fees and his claim that he is entitled to the reimbursement of any portion of the criminal justice administration fee that he has already paid.


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