People v. Bonge CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The facts underlying defendant’s conviction are irrelevant to our disposition, so are not recounted in detail. Suffice it to say that defendant pleaded guilty to two counts of lewd acts upon a child under the age of 14. (Pen. Code, § 288, subd. (a).) The trial

1 court sentenced him to 10 years in state prison. Before imposing the fines and fees, the trial court asked defendant’s trial counsel: “The restitution fine, the recommended amount is $6,000. Do you wish to be heard on that, [counsel]?” Defendant’s trial counsel responded: “No, Your Honor.” The trial court then imposed a $6,000 state restitution fine (Pen. Code, § 1202.4, subd. (b)), imposed and stayed a $6,000 parole revocation fine (Pen. Code, § 1202.45), imposed a $2,340 sex offender fine (Pen. Code, § 290.3), an $80 court operations assessment fee (Pen. Code, § 1465.8), and a $60 criminal conviction assessment fee (Gov. Code, § 70373) on defendant. Defendant timely appealed.

DISCUSSION

On appeal, defendant contends he received ineffective assistance of counsel because his trial counsel failed to make an ability to pay objection to the trial court’s imposition of fines and fees.…