People v. Castellanos CA3

Filed 3/15/24 P. v. Castellanos CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THIRD APPELLATE DISTRICT

(Butte) ----

THE PEOPLE, C098489

Plaintiff and Respondent, (Super. Ct. No. 21CF06109)

v.

RUDY CASTELLANOS, JR.,

Defendant and Appellant.

After defendant Rudy Castellanos, Jr., pled guilty to transporting controlled substances for sale, the trial court sentenced him to the middle term and imposed a fine and two fees. Defendant contends the court (1) abused its discretion by not imposing the lower term and (2) erred in imposing the fine and fees for various reasons. We find no merit in defendant’s first contention but agree with his second under People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). We order a limited remand for the…