People v. Foster CA5

INTRODUCTION

Appellant and defendant Samuel Jason Foster pleaded no contest to robbery and admitted a deadly weapon enhancement and was sentenced to four years in prison. On appeal, he argues the court improperly imposed a restitution fine and other fees without finding he had the ability to pay those amounts in violation of his constitutional right to due process, based on People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). As an alternative argument, he asserts that his trial attorney was prejudicially ineffective for failing to raise the issue. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Case No. 19CR-02043 On April 19, 2019, a complaint was filed in the Superior Court of Merced County case No. 19CR-02043, charging defendant with committing the following offenses on January 10, 2019: count 1, felony second degree robbery (Pen. Code, § 211);1 and count 2, misdemeanor exhibiting a deadly weapon, a misdemeanor (§ 417, subd. (a)(1)). As to count 1, it was alleged defendant personally used a deadly and dangerous weapon, a knife (§ 12022, subd. (b)(1)) and had five prior prison term enhancements (§ 667.5, subd. (b)). Case No. 19CR-02054 On the same day, a complaint was filed in…