People v. Wilson CA3

BACKGROUND

The facts of defendant’s underlying crimes are not relevant to this appeal and therefore, we shall not discuss them. Defendant pleaded no contest to burglary in the first degree and violating a domestic violence restraining order. In May 2020, as part of his sentence, the trial court ordered defendant to pay a total court operations assessment of

1 $80, a criminal conviction assessment of $60, and a restitution fine of $450. Defendant did not raise an inability to pay or object at the time of sentencing to the imposition of these amounts. In October 2020, while this appeal was pending, defendant’s appellate counsel sent a letter to the trial court requesting it strike or stay the assessments and fines in light of Dueñas. Our record on appeal does not contain any response to this letter.

DISCUSSION

Defendant appeals on the basis that the imposition of assessments and fines absent an ability to pay hearing violated his California and federal constitutional rights to due process. Defendant’s letter to the trial court, submitted subsequent to his sentencing, relies on Dueñas as the basis for this claim. The People argue defendant forfeited this claim by failing to raise…