People v. Radabaugh CA4/2

INTRODUCTION

A jury found defendant and appellant Kevin Leon Radabaugh guilty of

inflicting corporal injury on a spouse (Pen. Code,1 § 273.5, subd. (a), count 1) and

false imprisonment (§ 236, count 2). It also found that defendant personally inflicted

great bodily injury (GBI) (§§ 12022.7, subd. (e), 1192.7, subd. (c)(8)) in the

commission of count 1. A trial court sentenced him to the upper term of four years on

count 1, plus five years on the GBI enhancement, and the upper term of three years

concurrent on count 2, stayed pursuant to section 654.

On appeal, defendant argues that the trial court relied on improper factors in

imposing the aggravated term on count 1. He also argues that pursuant to People v.

Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas), the court’s imposition of a court

operations fee, a court facilities assessment fee, a booking fee, and a restitution fine

violated his right to due process absent a hearing on his ability to pay. Defendant filed

a supplemental brief further contending that the court’s order to pay the booking fee

(Gov. Code, § 29550) must be vacated pursuant to the recent passage of Assembly Bill

No. 1869 (2020-2021 Reg. Sess.). (See…