REMAND In Light of SB 567 & AB 124
People v. Garcia Docket: B306081 (Second Appellate District), Opinion Date: March 28, 2022. Defendant was convicted of second degree robbery and assault with a deadly weapon and sentenced to eight years in prison, but the execution of sentence was suspended and defendant was placed on five years of formal probation. The trial court also imposed a 10-year protective order pursuant to Penal Code section 136.2, subdivision (i)(1). The Court of Appeal concluded that the postconviction protective order pursuant to Penal Code section 136.2, subdivision (i)(1) must be vacated and that a remand for resentencing is warranted in light of the passage of Senate Bill 567 and Assembly Bill 124 while this appeal was pending. The court otherwise affirmed defendant's conviction, rejecting defendant's claims of instructional error, violation of her constitutional rights, prosecutorial misconduct, and ineffective assistance of counsel. The court remanded for resentencing. #resentencing #suspendedsentence
Want to read more?
Subscribe to www.possesolutions.com to keep reading this exclusive post.