Hall

People v. Hall

Good Law
251 Cal. Rptr. 3d 853·39 Cal. App. 5th 502
Court of Appeal of CaliforniaAugust 29, 2019B292294California682 words

Opinion

Lead Opinion

Grimes, J.

*503 Defendant Amanda Sue Hall pled no contest to three counts of identity theft with a prior ( Pen. Code, § 530.5, subd. (c)(2) ). (All further statutory references are to the Penal Code unless otherwise indicated.) She was sentenced to three years eight months in county jail, and the court imposed various fees and assessments, including direct victim restitution of $3,000 (§ 1202.4, subd. (f)), a $300 restitution fine (§ 1202.4, subd. (b)), $90 criminal conviction assessment ( Gov. Code, § 70373 ), $120 court operations assessment (§ 1465.8), and public defender fees of $508 (§ 987.8). The court stayed "all of the fines and fees owed to the court" so that defendant could focus on paying victim restitution.

*504 Relying on People v. Dueñas (2019) 30 Cal.App.5th 1157 , 242 Cal.Rptr.3d 268 ( Dueñas ), defendant's only contention on appeal is the fees and assessments must be reversed, and the $300 restitution fine must be stayed, pending a hearing on her *854 ability to pay. (She does not challenge the order to pay $3,000 in direct victim restitution.) Defendant has made no claim of error to the trial court, either at the time of sentencing or after, as required by section 1237.2.…

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