P. v. Harris
Defendant Nicolas Harris has filed two appeals arising from two resentencing proceedings in a case where a jury convicted him of stealing over $150,000 by false pretenses from two elderly single men and then attempting to dissuade one of the victims from testifying against him. Considering four prior convictions for purposes of the Three Strikes law, the trial court resentenced defendant to 77 years to life, which generated appeal No. H036908. And, at a later hearing, it reimposed a $10,000 restitution fine and a $276 booking fee, which generated appeal No. H037667. Defendant contends that the trial court erred by failing to entertain a Romero[1] motion and reimposing the fine and fee. We ordered the appeals considered together for the purpose of briefing, oral argument, and disposition. The People concede that the matter should be remanded for a Romero hearing. And we agree that the concession is appropriate. We therefore reverse the judgment and remand for resentencing.
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