People v. Martinez CA4/2

I.

INTRODUCTION

Following a probation revocation hearing, the trial court found that defendant and

appellant Daniel Martinez had violated five of his probationary terms and sentenced him

to six years in state prison, which included the upper term of three years, plus three years

for the great bodily injury enhancement. The court also imposed a restitution fine in the

amount of $300. On appeal, defendant contends the trial court erred in imposing the

restitution fine and that the matter should be remanded for a new sentencing hearing in

light of Senate Bill No. 567 (2021-2022 Reg. Sess.). We conclude that the restitution

fine must be stricken, and remand the matter for a new sentencing hearing in light of

Senate Bill No. 567.

II.

FACTUAL AND PROCEDURAL BACKGROUND

On October 3, 2016, while intoxicated, defendant drove an on off-road, four

wheeler vehicle with his 14-year-old nephew in the vehicle and collided with a car. As a

result, the car sustained major damage, and defendant’s nephew suffered a fractured leg

and abrasions to his face.

On May 31, 2017, in a plea to the court, defendant pleaded guilty to driving under

the influence (Veh. Code, § 23153, subd. (a);…