People v. Kenyon CA3

BACKGROUND

The complaint in this case charged Kenyon with burglary (§ 459) and vandalism (§ 594, subd. (b)(1)) with a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12). In November 2024, Kenyon pled no contest to vandalism of more than $400 and admitted the strike allegation. (§§ 594, subd. (b)(1), 1170.12.) In accordance with his plea agreement, the trial court sentenced him to one year four months in state prison, doubled to two years eight months for the strike prior, imposed a $300 restitution fine (§ 1202.4), imposed and suspended an equal parole revocation fine (§ 1202.45), and retained jurisdiction over restitution for the victims. Defense counsel did not object nor request an ability to pay hearing. Kenyon timely appealed and the trial court denied his request for a certificate of probable cause. Pursuant to section 1237.2, Kenyon moved the trial court to stay the fines and fees pending an ability to pay hearing. The trial court denied the request.

DISCUSSION

Without objection, the trial court imposed a restitution fine of $300 (§ 1202.4) and a stayed $300 parole revocation restitution fine (§ 1202.45). Citing Dueñas, supra, 30 Cal.App.5th 1157, Kenyon now…