People v. Torres CA5

INTRODUCTION

Defendant Aaron Matthew Torres appeals from the judgments in Merced County Superior Court cases Nos. 18CR-01859 (case A), 17CR-00513 (case B), 17CR-04021 (case C), and 17CR-03977 (case D).1 In case A, defendant claims he did not knowingly and voluntarily waive his right to a jury trial on the prior conviction allegations, and he was not advised of the penal consequences. He also requests that we strike the two 1-year prior prison term enhancements imposed under Penal Code section 667.5, former subdivision (b),2 in light of Senate Bill No. 136.3 Finally, in all cases, he challenges imposition of the restitution fines and court assessments without an ability-to-pay determination, pursuant to the Court of Appeal’s decision in People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). The People concede that defendant is due relief from the prior prison term enhancements under Senate Bill No. 136, but they otherwise dispute his claims. We reject defendant’s challenge to his trial waivers and admissions to the prior conviction allegations, and we conclude that he forfeited his Dueñas claim by failing to object in the trial court. However, defendant is entitled to have the two…