What is the effect of remand on appellant's claim that he suffered prejudice when the trial court prohibited a witness from testifying about the character for truthfulness?

California, United States of America


The following excerpt is from People v. Coker, F077092 (Cal. App. 2020):

We agree with the parties that appellant's prior prison enhancements ( 667.5, subd. (b)) must be stricken. However, we reject appellant's remaining claims. He did not suffer prejudice when the trial court prohibited a witness from testifying about the victim's "character for truthfulness." Further, remand is not required for the court to exercise its sentencing discretion for the prior serious felony enhancement ( 667, subd. (a)(1)). Finally, appellant's constitutional rights were not violated when the court imposed the restitution fine and various assessments without conducting an ability to pay hearing. (See People v. Dueas (2019) 30 Cal.App.5th 1157 (Dueas). We strike the prior prison term enhancements but otherwise affirm.

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