People v. Irvin CA5

INTRODUCTION

Appellant and defendant Larry William Irvin was convicted by a jury of multiple counts of attempted murder, domestic violence, assault, violation of a restraining order, and assault with a deadly weapon. Defendant waived his right to a jury trial on allegations of three prison priors and a prior domestic violence conviction within the last seven years. The trial court found the prior prison allegations to not be true and found the prior domestic violence conviction to be true. Defendant was ordered to pay restitution in fines and fees at the statutory minimum. On appeal, defendant contends there was insufficient evidence to support the trial court’s ruling that he had sustained a prior domestic violence conviction under section Penal Code section 273.5, subdivision (f)(1).1 Defendant also argues that the trial court violated his constitutional rights when it imposed the fines and fees without holding a hearing to determine whether he had the ability to pay the fines and fees citing to the case of People v. Duenas (2019) 30 Cal.App.5th 1157, 1160. In supplemental briefing, defendant claims the matter should be remanded for resentencing in light of newly enacted…