People v. Estrada

Filed 6/14/24

TO BE PUBLISHED IN THE OFFICIAL REPORTS

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO APPELLATE DIVISION

THE PEOPLE, Appellate Division No.: CA296068 Trial Court Case No.: C419236DV Plaintiff(s) and Respondent(s), Trial Court Location: East County Division

v. DECISION/STATEMENT OF REASONS ROMAN ESTRADA, (CCP §77(d)) BY THE COURT

Defendant(s) and Appellant(s).

APPEAL from the August 17, 2023, Judge Reali-Ferrari, Judge. AFFIRMED with directions. Defendant objected to the imposition of $745 in fines, fees, and assessments, under People v. Dueñas (2019) 30 Cal.App.5th 1157, arguing that because he would be in federal prison for a period of two years, he had a current inability to pay. Dueñas is not settled law. By its own language, Dueñas does not apply to the Penal Code section 1203.097 fine of $500, as it was not one of the fines or fees discussed in Dueñas. And therefore, Dueñas arguments do not apply to that $500 portion of the imposed fines. As to the $150 restitution fine under Penal Code section 1202.4, this Court agrees with the appellate court cases holding Dueñas was incorrectly decided as to the restitution fine. And therefore, Defendant is not entitled to relief for that $150 portion of the imposed fines. The majority does find that Dueñas was correctly decided on equal protection

DECISION/STATEMENT OF REASONS (CCP §77(d)) BY THE COURT

grounds as to the non-punitive assessments under Government Code section 70373 and Penal Code section 1465.8. But because prison wages are to be considered in ability to pay, this record does not support an inability to pay the $70 imposed by these non-punitive assessments. (See People v. Johnson (2019) 35 Cal.App.5th 134, 139–140.) It appears that the trial court improperly imposed a $25 assessment under Penal Code section 1463.07. Penal Code section 1643.07 was repealed by Assembly Bill 177 effective September 23, 2021. Therefore, $25 should be removed from the total fines and fees. Procedural and Factual Background It was alleged that on or about July 29, 2022, Mr. Estrada vandalized property of another in an amount of less than $400, trespassed in an occupied dwelling house, and resisted an officer in the County of San Diego. On August 2, 2023, the Office of the District Attorney filed a complaint against Mr. Estrada with one count of Penal Code section 594, subdivision (a)(b)(2)(A) (vandalism under $400), one count of Penal Code section 602.5, subdivision (b) (aggravated trespass of occupied dwelling house), and one count of Penal Code section 148, subdivision (a)(l) (resisting an officer). He was arraigned that day. Mr. Estrada pled guilty to count one, a violation of Penal Code section 594, subdivision (a)(b)(2)(A), on August 17, 2023. He was sentenced that day. At sentencing, the trial court imposed $745 in total fines. The breakdown of these fines appears to be $500 under Penal Code section 1203.097, subdivision (a)(5)(A), $150 under Penal Code section 1202.4, $25 under Penal Code section 1463.07, $30 under Government Code section 70373 and $40 Penal Code section 1465.8. There was a discussion of the trial court possibly reducing the total fines to $500 instead of the $745, but the court never explicitly made that reduction, Defense counsel argued that no fines and fees should be imposed pursuant to People v. Dueñas because the client was going to federal prison for 24 months and had been in local custody for a significant time, he would not be able to pay. Defense counsel did not request additional time or the setting of an ability to pay hearing. Mr. Estrada filed his notice of appeal on August 29, 2023. /// -2- DECISION/STATEMENT OF REASONS (CCP §77(d)) BY THE COURT