P. v. Miller CA2/17
A jury convicted Dameon Miller of various crimes, and the trial court sentenced him to an aggregate prison term of 35 years, which included a five-year term for a prior serious felony conviction under Penal Code section 667, subdivision (a)(1). Miller appealed and asked this court to remand the matter to allow the trial court to exercise its discretion whether to strike the five-year enhancement under section 667, subdivision (a)(1), and to give him an opportunity to request a hearing under People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas) on his ability to pay the fines and assessments the trial court imposed. This court affirmed Miller’s convictions, vacated his sentence, and directed the trial court to consider whether to exercise its discretion to strike the five-year enhancement and to allow Miller to request a hearing on his ability to pay. (People v. Miller (Jan. 27, 2020, B294274) [nonpub. opn.].)
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