People v. Rojas CA3

DISCUSSION

Defendant challenges the imposition of the fines and fees. First, she argues “it is fundamentally unfair to impose the Government Code section 70373 and Penal Code section 1465.8 assessments where substantial evidence does not support that appellant has the ability to pay.” Second, she argues imposition of the section 1202.4 fine violated her rights to due process and equal protection as well as the Eighth Amendment prohibition against excessive fines. We find defendant forfeited her Dueñas claim by failing to raise it at any point during the sentencing hearing.

Undesignated statutory references are to the Penal Code.

2 A defendant generally forfeits a claim not first raised with the trial court, even if the claim is constitutional in nature. (In re Sheena K. (2007) 40 Cal.4th 875, 880-881.) This forfeiture rule applies to claims relating to the imposition of assessments, fines, and fees imposed at sentencing as well. (People v. Greeley (2021) 70 Cal.App.5th 609, 624; see People v. Trujillo (2015) 60 Cal.4th 850, 856 [“claims of error in the trial court’s exercise of its sentencing discretion are . . . forfeited if not raised at the sentencing hearing”]; People…