People v. Morfin CA5

INTRODUCTION

Appellant and defendant Arturo Morfin (appellant) was convicted after a jury trial of first degree premeditated murder with two special circumstances, along with two other felonies, with firearm and great bodily injury enhancements, and prior conviction allegations found true. He was sentenced to life in prison without possibility of parole and the trial court imposed a restitution fine of $10,000 (Pen. Code,1 § 1202.4, subd. (b)). On direct appeal, this court affirmed appellant’s convictions but remanded for resentencing because of errors for the sentences imposed for the other counts. At the resentencing hearing, the court reimposed the life term and corrected the sentencing errors. The court also overruled appellant’s objection to the $10,000 restitution fine based on his claim that he lacked the ability to pay. On appeal, appellant argues the matter must be again remanded because the trial court should have conducted a hearing on his ability to pay the $10,000 restitution fine pursuant to People v. Dueñas (2019) 30 Cal.App.5th 1157. We find the trial court did not abuse its discretion when it denied appellant’s objection to the $10,000 restitution fine. We also…