People v. Sinohue CA3

DISCUSSION

I Fees and Fines Relying on People v. Dueñas (2019) 30 Cal.App.5th 1157, defendant argues the trial court violated his due process rights by imposing fees and fines without determining his ability to pay. He asserts ineffective assistance of counsel if we find he forfeited this argument. Defendant forfeited his challenge to the fees and fines because the sentencing hearing was held over two years after Dueñas was decided; there was thus authority for requesting an ability to pay hearing at the time of the sentencing hearing, and defendant failed to do so. (Cf. People v. Castellano (2019) 33 Cal.App.5th 485, 489; People v. Trujillo (2015) 60 Cal.4th 850, 859 [constitutional exception to the forfeiture rule did not

Undesignated statutory references are to the Penal Code. The People mistakenly contend otherwise. When defendant initially appealed, he submitted a typewritten letter stating, “This letter serves as my NOTICE OF APPEAL.” The trial court provided notice of the filing to counsel, the parties, and court reporters shortly thereafter. On January 7, 2022, three days after the 60-day deadline for appeals under California Rules of Court, rule 8.308(a),…