People v. Keller CA2/7

DISCUSSION

In accord with the procedures described in People v. Cole (2020) 52 Cal.App.5th 1023, review granted October 14, 2020, S264278, we appointed counsel to represent Keller on appeal. After reviewing the record, appointed counsel filed a brief raising no issues. Appointed counsel advised Keller on November 9, 2021 that he could personally submit any contentions or issues he wanted the court to consider. On January 12, 2022 we received an eight-page typewritten supplemental brief from Keller. In support of his argument it was error for the sentencing court to impose a $10,000 restitution fine without first requiring Keller to disclose his assets and income, Keller again cited section 1202.4, subdivision (f), which concerns restitution to a crime victim, not a restitution fine pursuant to section 1202.4, subdivision (b). He also cited section 1202.42, which authorizes the trial court to issue an income deduction order. Finally, citing this court’s opinion in Dueñas, supra, 30 Cal.App.5th 1157, Keller asserted, even though he did not raise the issue of his ability to pay at sentencing, he had not forfeited his claim that it violated his right to due process to impose the…