Bipialaka

People v. Bipialaka

Bad Law
246 Cal. Rptr. 3d 177·34 Cal. App. 5th 455
Court of Appeal of CaliforniaApril 17, 2019B285656California3,429 words

Opinion

Lead Opinion

Wiley, J.

*457 After using methamphetamine, Bomatamunopiri Bipialaka led police on a car chase. During the chase, he targeted another car in an intersection. He ran the red light and sped at the car without braking because "I was just going crazy and felt like freaking them out." Bipialaka swerved in the nick of time and hurtled away.

Bipialaka appeals his convictions for using his car in an assault with a deadly weapon. He also asks us to review proceedings under Pitchess v. Superior Court (1974) 11 Cal.3d 531 , 113 Cal.Rptr. 897 , 522 P.2d 305 and to correct clerical errors in the abstract of judgment. Bipialaka requests remand so the trial court can exercise discretion about dismissing a sentence enhancement, based on Senate Bill No. 1393 (2017-2018 Reg. Sess.). In supplemental briefing, Bipialaka argues fees must be reversed and a restitution fine stayed in light of People v. Dueñas (2019) 30 Cal.App.5th 1157 , 242 Cal.Rptr.3d 268 ( Dueñas ).

We remand for resentencing and direct the trial court to prepare a corrected abstract of judgment. We otherwise affirm.

I

We state the facts in favor of the prevailing trial party.

After a weeklong shoot, cinematographer Bipialaka used drugs…

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