People v. Carranza CA3

DISCUSSION

Defendant claims the challenged assessments were not mandatory, but that is incorrect. Section 1465.8, subdivision (a)(1), provides, “an assessment of forty dollars ($40) shall be imposed on every conviction for a criminal offense,” and Government Code section 70373, subdivision (a)(1), provides that “an assessment shall be imposed on every conviction for a criminal offense. . . . The assessment shall be imposed in the amount of thirty dollars ($30) for each misdemeanor or felony.” Both assessments are mandatory. (See People v. Standish (2006) 38 Cal.4th 858, 869; People v. Robinson (2012) 209 Cal.App.4th 401, 405.) Nevertheless, defendant cites People v. Dueñas (2019) 30 Cal.App.5th 1157 for the proposition that the assessments should not have been imposed without a determination of defendant’s ability to pay. (Id. at pp. 1164, 1168.) However, defendant did not assert Dueñas at sentencing, even though the hearing occurred years after that decision issued. Defendant has forfeited any argument that Dueñas should be applied here. (People v. Greeley (2021) 70 Cal.App.5th 609, 624.) Defendant argues he did not have an opportunity to assert his inability to pay because the…