People v. Davis
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Defendant was convicted of first degree burglary, unlawful driving or taking of a vehicle, and receiving a stolen motor vehicle. Defendant also pleaded no contest to misdemeanor domestic battery.
The Court of Appeal held that remand pursuant to Senate Bill 1393 would be futile, and thus did not address the Attorney General's alternative argument that defendant's claim is non-cognizable in the absence of a certificate of probable cause. In this case, the record clearly indicates that the trial court would not have stricken the prior serious felony enhancement even if it had the discretion afforded by SB 1393. The court also held that defendant forfeited his challenge to fees imposed under sections 1202.4, 1465.8 and Government Code section 70373.
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