People v. Lopez CA5

INTRODUCTION

Appellant and defendant David Guillen Lopez pleaded guilty to one count of possession of a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a)) and was sentenced to six years in state prison pursuant to a negotiated disposition. On appeal, defendant contends the court improperly ordered him to pay the restitution fine and fees without determining his ability to pay in violation of his constitutional rights to due process and equal protection under People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On November 13, 2019, a complaint was filed in the Superior Court of Madera County charging defendant with committing the following offenses on November 9, 2019: counts 1, 2, and 3, possession of a controlled substance with a firearm, respectively, a .38-caliber revolver pistol, a .22-caliber semiautomatic rifle, and a .243- caliber semiautomatic rifle (Health & Saf. Code, § 11370.1, subd. (a)); count 4, possession of a firearm by a felon (Pen. Code, § 29800, subd. (a)(1));1 count 5, carrying an unregistered loaded handgun (§ 2585, subd. (a)); count 6, possession of ammunition by a felon (§ 30305,…