People v. Patterson CA4/1

INTRODUCTION

Edward Arthur Patterson asserts two sentencing errors in this appeal. First, he contends his trial counsel rendered ineffective assistance of counsel by failing to ask the trial court at sentencing to dismiss an enhancement for personally inflicting great bodily injury on another person during the

commission of a felony. (Pen. Code1, § 12022.7, subd. (a).) Second, he contends the court erred when it stayed two financial assessments instead of striking them pursuant to People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). We reject the first contention, but we accept the Attorney General’s concession that the second contention has merit. The judgment is therefore affirmed subject to the modifications detailed below.

FACTUAL AND PROCEDURAL BACKGROUND

I. The Underlying Offense Patterson and a companion were observed on October 1, 2020 “making a mess” by setting up a canopy-style tent and dispersing their trash in the parking lot of an apartment complex in San Diego. The on-site manager of the complex and her daughter drove to the parking lot to ask the two men to leave. While still in her car, the manager told the men to take their belongings with them as they were…