People v. Lane CA6

Filed 8/24/20 P. v. Lane CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H046646, H047774 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1802812)

v.

DWANE LEE LANE,

Defendant and Appellant.

Appellant Dwane Lee Lane appeals the imposition of fines and fees by the trial court in his criminal case without holding a hearing on his ability to pay them. For the reasons set forth below, we affirm the judgment. I. FACTS AND PROCEDURAL BACKGROUND The facts of Lane’s offense are irrelevant to the issues in this appeal. On October 10, 2018, Lane was charged by complaint with criminal threats (Pen. Code, § 422).1 On November 13, 2018, he pleaded no contest to the charge. On December 20, 2018, the trial court suspended imposition of sentence and placed Lane on formal probation for

1 Unspecified statutory references are to the Penal Code.

three years, subject to a variety of terms and conditions, including that he serve 120 days in the county jail.2 Regarding the fines, fees, and assessments, the trial court imposed a $330 restitution fine (§ 1202.4, subd. (b)), a suspended $300 probation revocation restitution fine (§ 1202.44); a $30 criminal conviction assessment (Gov. Code, § 70373), a $40 court operations assessment (§ 1465.8), a $129.75 criminal justice administration fee (Gov. Code, §§ 29550, 29550.1, 29550.2), and a probation supervision fee of $25 per month (§ 1203.1b). Lane did not object to any of these fines or fees or request a hearing on his ability to pay them. Lane sought and received from the trial court a certificate of probable cause to appeal the judgment, which the trial court signed on January 22, 2019. He filed the notice of appeal in February 2019, and this court assigned it docket No. H046646. Lane was alleged to have violated his probation by committing a new crime (a violation of section 594) on July 9, 2019; by not reporting to probation; and by failing to provide proof of education, vocational training or employment. Lane was arraigned on the violation of probation on July 18, 2019. The proceedings on Lane’s alleged violations of probation continued for several months; he was released from custody on August 16, 2019. In November 2019, Lane filed a request in the trial court (in the form of a letter written by Lane’s appellate counsel in docket No. H046646) requesting, pursuant to section 1237.2 and People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas), that the trial court conduct a hearing at which Lane could present evidence of his inability to pay the fines and fees imposed at the December 20, 2018 sentencing. The letter written by