Estrada

DISCUSSION

I. Overview of case law related to Dueñas.

There is a conflict between appellate court decisions as to whether Dueñas is good law. While there are many cases following Dueñas, every appellate district has at least one case saying that Dueñas was wrongly decided. (People v. Cowan (2020) 47 Cal.App.5th 32, 35 (1st DCA, Div. 4); People v. Hicks (2019) 40 Cal.App.5th 320, 322 (2nd DCA, Div.2); People v. Pack-Ramirez (2020) 56 Cal.App.5th 851, 860 (3rd DCA); People v. Cota (2020) 45 Cal.App.5th 786, 794–795 (4th DCA, Div. 1); People v. Aviles (2019) 39 Cal.App.5th 1055, 1060 (5th DCA); People v. Greeley (2021) 70 Cal.App.5th 609, 625 (6th DCA).) Some courts—while not totally rejecting Dueñas— held that it should be limited to its extreme facts. (People v. Caceres (2019) 39 Cal.App.5th 917, 926–927; People v. Kopp (2019) 38 Cal.App.5th 47, 94 [this case has been under review at the California Supreme Court since November 13, 2019].) Other courts have held that it was correctly decided as to the non-punitive fees, but incorrectly decided as to the restitution fine. (People v. Son (2020) 49 Cal.App.5th 565, 592-595; People v. Kopp (2019) 38 Cal.App.5th 47, 96–97.) When…