People v. Gonzalez CA4/1

I. INTRODUCTION

Tomas Gonzalez appeals from his four-count child molestation conviction, challenging only the trial court’s imposition of a $10,000 restitution fine. Finding his claim unsupported, we affirm.

II. BACKGROUND

After appellant repeatedly molested his minor stepdaughter, a jury

convicted him of four counts of lewd acts upon a child under 14 (Pen. Code,1 § 288, subd. (a)). The jury also found that Gonzalez had substantial sexual conduct with the victim in one of the counts. The trial court sentenced Gonzalez to prison for 12 years and imposed various fines and assessments, including a $10,000 restitution fine (§ 1202.4,

subd. (b)).2 Gonzalez’s private trial counsel requested that the trial court stay or not impose any fines or fees because Gonzalez was indigent and did not pay for his legal services. Acknowledging that Gonzalez was not working, the court referenced Gonzalez’s ability to post a $400,000 bail bond and denied the request. The current appeal followed.

III. DISCUSSION

Relying on People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas), Gonzalez argues the trial court erred in imposing the $10,000 restitution fine.

All undesignated statutory…