People v. McGinnis CA1/4

Filed 7/11/22 P. v. McGinnis CA1/4

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE,

Plaintiff and Respondent,

A157603, A159573

v. MARCUS GEROY McGINNIS, (Napa County Super. Ct. No. 18CR003734) Defendant and Appellant.

In these consolidated appeals, defendant and appellant Marcus Geroy McGinnis argues the trial court violated his constitutional rights under People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas) when it imposed a $300 restitution fine (Pen. Code,1 § 1202.4, subd. (b)), a $40 court security fee (§ 1465.8), and a $30 criminal conviction assessment fee (Gov. Code, § 70373), without making a finding on his ability to pay. The People contend: 1) defendant’s appeal is moot because the trial court already determined his ability to pay…