People v. Garcia CA5

Filed 9/24/20 P. v. Garcia CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F078833 Plaintiff and Respondent, (Kings Super. Ct. No. 17CMS0702) v.

DANNY GARCIA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Michael J. Reinhart, Judge. Gregory L. Cannon, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Louis M. Vasquez, Lewis A. Martinez, and Amanda D. Cary, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Detjen, J.

INTRODUCTION Appellant/defendant Danny Garcia pleaded no contest to second degree murder and was sentenced to 15 years to life. On appeal, he argues the court improperly ordered him to pay a $10,000 restitution fine and other fees without determining his ability to pay in violation of his constitutional right to due process under People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). We affirm. FACTS1 On April 8, 2017, “the defendant was driving a motor vehicle. There [were] signs of intoxication from his driving pattern. The California Highway Patrol tried to pull over the defendant’s vehicle. There was a prolonged chase. At the conclusion of that chase the defendant’s vehicle struck another motor vehicle [and the] driver, Natividad Salinas … was killed by the collision. The defendant’s blood alcohol was .11 [percent] by breath. And the evidence would show that the defendant was aware that the natural and probable consequences of driving [under the influence] are dangerous to human life,” and previously acknowledged the dangerousness of driving under the influence. PROCEDURAL HISTORY On April 10, 2017, a felony complaint was filed that charged defendant with murder, seven other offenses, and prior conviction allegations. Defendant pleaded not guilty. On May 18, 2017, defendant privately retained Larry Lee to represent him. On January 16, 2018, the preliminary hearing was held, and defendant was held to answer.

1 At the plea hearing, the parties stipulated to the preliminary hearing evidence as the factual basis, and if the case went to trial, the prosecution would introduce the following evidence.