P.

FACTS AND PROCEDURAL BACKGROUND

In June 2012, law enforcement conducted a probation search of defendant’s residence and discovered child pornography on his computer. Defendant was charged by felony complaint in Case No. 1234642 with possession of child pornography. He pleaded no contest and received a combined sixteen-month prison sentence on the pornography conviction and for his probation violation in Case No. C1066875 (his prior case for failing to register as a sex offender). The trial court thereafter terminated his probation. In addition, the trial court imposed a $500 fine under section 290.3 but waived other discretionary fines based on defendant’s inability to pay.

DISCUSSION

I. Ineffective Assistance of Counsel

Defendant contends trial counsel rendered ineffective assistance of counsel by failing to object to the imposition of the $500 fine, while the court waived other fees due to his inability to pay. He argues that if counsel had objected, the trial court, having found him unable to pay other fines, also would have found him unable to pay the $500 fine. Respondent argues that trial counsel made a tactical decision not to object to the $500 fine under section…