People v. Hall

Filed 8/29/19 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B292294

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. PA090742) v.

AMANDA SUE HALL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Cynthia L. Ulfig, Judge. Dismissed. Erica Gambale, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Steven E. Mercer and David A. Voet, Deputy Attorneys General, for Plaintiff and Respondent. _______________________

Defendant Amanda Sue Hall pled no contest to three counts of identity theft with a prior (Pen. Code, § 530.5, subd. (c)(2)). (All further statutory references are to the Penal Code unless otherwise indicated.) She was sentenced to three years eight months in county jail, and the court imposed various fees and assessments, including direct victim restitution of $3,000 (§ 1202.4, subd. (f)), a $300 restitution fine (§ 1202.4, subd. (b)), $90 criminal conviction assessment (Gov. Code, § 70373), $120 court operations assessment (§ 1465.8), and public defender fees of $508 (§ 987.8). The court stayed “all of the fines and fees owed to the court” so that defendant could focus on paying victim restitution. Relying on People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas), defendant’s only contention on appeal is the fees and assessments must be reversed, and the $300 restitution fine must be stayed, pending a hearing on her ability to pay. (She does not challenge the order to pay $3,000 in direct victim restitution.) Defendant has made no claim of error to the trial court, either at the time of sentencing or after, as required by section 1237.2. We find defendant’s appeal is not cognizable under section 1237.2 and therefore dismiss it. DISCUSSION Section 1237.2 provides: “An appeal may not be taken by the defendant from a judgment of conviction on the ground of an error in the imposition or calculation of fines, penalty assessments, surcharges, fees, or costs unless the defendant first presents the claim in the trial court at the time of sentencing, or if the error is not discovered until after sentencing, the defendant first makes a motion for correction in the trial court, which may be made informally in writing. The trial court retains