People v. Hudson CA3

BACKGROUND

On November 29, 2018, defendant pleaded no contest to transporting methamphetamine (Health and Saf. Code, § 11379, subd. (a)).1 The trial court sentenced defendant to a four-year county jail sentence but suspended execution and placed defendant on five years of formal probation. The court also imposed but stayed a $300 restitution fine (Pen. Code, § 1202.4, subd. (b)),2 a $300 probation revocation fine (§ 1202.44), a $40 court security fee (§ 1465.8), and a $30 court facility fee (Gov. Code, § 70373). On March 2, 2021, after two previous probation violations, the trial court found defendant violated his probation again. On April 23, 2021, the trial court executed the four-year county jail sentence, reinstated the restitution and probation revocation fines, but waived all other fines for an inability to pay. Defendant timely appealed. In August 2021, defendant filed a letter under section 1237.2 with the trial court requesting it stay the restitution fine; the court declined to do so.

DISCUSSION

Relying on People v. Dueñas, supra, 30 Cal.App.5th 1157, defendant argues the $300 restitution fine must be stayed pending an ability to pay hearing, otherwise it violates the…