People v. Sandusky CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Because this appeal challenges only aspects of defendant’s sentence, we omit the details of the underlying offenses. In 2019, the trial court sentenced defendant for three criminal cases to a total term of eight years eight months in prison, but the court suspended execution of the sentence and placed defendant on probation. The court considered financial information provided by defendant, which showed he had income of about $3,500 per month and personal property worth $30,000, with monthly living expenses of around $2,200. The court imposed three $30 conviction assessments; three $40 court operations assessments; a criminal laboratory analysis fine of $50 plus $145 in penalty assessments; and three $300 probation revocation restitution fines. The court found defendant lacked the ability to pay the drug program fee and the cost of the presentence report and did not impose those amounts. On appeal, this court reversed defendant’s sentence and remanded for the trial court to strike a one-year enhancement and impose a shorter term of probation, pursuant to newly enacted legislation. (People v. Sandusky (Sep. 30, 2021, C091228) [nonpub. opn.].) On…