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Sentence Vacated When Trial Court Lacked Understanding of Its Discretion

California v. El Court: California Courts of Appeal, Docket: C091339 (Third Appellate District), Opinion Date: June 22, 2021. Defendant Yamin Amahli Bongani El was convicted by jury of misdemeanor driving on a suspended license. On appeal, he argued the trial court: (1) failed to exercise its discretion in sentencing him to the maximum term in jail, as it believed such a term was mandatory when he declined probation; and (2) failed to articulate the fines and fees imposed. The State conceded these points. The Court thus vacated the sentence and remanded for resentencing. Defendant's convictions were affirmed.




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