People v. Megrave CA4/2

DISCUSSION

Relying on People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas), defendant

argues, “the trial court erred by imposing a restitution fine and court funding assessments

without considering appellant’s ability to pay.” Defendant also contends that his

counsel’s failure to raise a Dueñas objection constituted ineffective assistance of counsel.

The People argue, “[Defendant] forfeited his claim as to the fine and assessments

1 Because defendant raises a sentencing issue on appeal, a statement of facts is not included. Relevant facts will be discussed as necessary.

2 All further statutory references are to the Penal Code unless otherwise indicated.

2 imposed” and “[Defendant]’s ineffective assistance of counsel claim fails because he

cannot establish deficient performance or prejudice; any assumed error was harmless.”

In case No. FVI22003430, the trial court ordered defendant to pay a $300

restitution fine under Penal Code section 1202.4, subdivision (b)(1), a $40 court

operations assessment under Penal Code section 1465.8, subdivision (a)(1), and a $

court facilities assessment under Government Code section 70373, subdivision (a)(1).

The court also imposed…