People v. Maiden CA2/4

INTRODUCTION

In the proceedings below, the trial court imposed on appellant Deshawn Maiden $700 in restitution fines and $560 in fees. On appeal, appellant contends the court erred in failing to stay the fines and in imposing the fees because the court had no basis to find he could pay them. We conclude that appellant forfeited this argument by failing to present evidence below of his alleged inability to pay, and that in any case, the trial court was justified in finding appellant could pay from his prison wages. We therefore affirm.

STATEMENT OF RELEVANT FACTS

In January 2020, appellant was charged by information with one count of murder; the information alleged that appellant committed the murder with a firearm and for the benefit of, at the direction of, and in association with a gang. In June 2021, as part of a plea agreement in which the murder count would be dismissed, appellant pled no contest to voluntary manslaughter, which was added to the information, and admitted to using a firearm while committing the offense.

2 Finding it was required to resentence appellant on a previous case in which he had pled no contest to seven felony robbery counts, the court sentenced…