People v. Suarez CA4/1

INTRODUCTION

Fernando Suarez appeals from a judgment of conviction following a guilty plea. Suarez asserts the trial court abused its discretion by finding he had the ability to pay a $10,000 restitution fine, and his trial counsel was ineffective for failing to object to the trial court’s ruling. Suarez also asks us to direct the trial court to vacate a $154 criminal justice administration fee imposed under the recently repealed Government Code section 29550.1. We conclude the trial court did not abuse its discretion by imposing the restitution fee and Suarez has not met his burden to establish trial counsel was ineffective. We further conclude any unpaid portion of the criminal justice administration fee is unenforceable and uncollectable as of July 1, 2021. Accordingly, we vacate that portion of the judgment and affirm the judgment as modified.

FACTUAL AND PROCEDURAL BACKGROUND

Suarez shot at a couple walking on the street, four to six times, from the backseat of a car, and also shot at a man walking his dog later that same morning. In a negotiated plea agreement, Suarez pled guilty to three counts

of assault with a firearm (Pen. Code,1 § 245, subd. (a)(2)), admitted an…