People v. Davis CA2/7

INTRODUCTION

Dexter Contez Davis pleaded no contest to possessing or carrying a weapon while confined in a penal institution, in violation of Penal Code section 4502, subdivision (a),1 and the trial court placed Davis on probation under various terms and conditions. Finding Davis was indigent, the trial court waived certain statutorily mandated fines and assessments and did not require Davis to pay them as a condition of probation. The court subsequently found Davis violated the terms and conditions of his probation and revoked his probation. At the probation violation sentencing hearing the court (a different judge) sentenced Davis to three years in county jail and ordered him to pay a restitution fine of $300 (§ 1202.4, subd. (b)), a court operations assessment of $40 (§ 1465.8), and a court facilities assessment of $30 (Gov. Code, § 70373). Davis argues that the probation violation sentencing court did not have authority to impose the fine and assessments, that the People forfeited their “ability to defend the belated imposition” of these fines and fees under People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas), disapproved in People v. Kopp (2025) 19 Cal.5th 1, 23, fn. 17…