What is the propriety of a conviction for assault with a deadly weapon other than a firearm?

California, United States of America


The following excerpt is from People v. Nouvet, H046198 (Cal. App. 2019):

We requested supplemental briefing regarding the propriety of defendant's conviction for assault with a deadly weapon other than a firearm and whether, under People v. Dueas (2019) 30 Cal.App.5th 1157 (Dueas), the trial court erred in imposing any fines or fees without ascertaining defendant's ability to pay. We shall affirm. We conclude that the court properly accepted defendant's plea. With respect to Dueas, we conclude that defendant has not forfeited the argument despite his failure to raise it in the

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trial court, but conclude that any error in failing to hold an inability-to-pay hearing was harmless here.

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