People v. Collins CA2/3

Filed 10/8/20 P. v. Collins CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B305335

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA395459) v.

ARTERO COLLINS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lisa B. Lench, Judge. Affirmed. Artero Collins, in pro. per.; and Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ——————————

Artero Collins appeals from an order denying his writ of error coram nobis to have assessments and fines stricken. Our review is under People v. Wende (1979) 25 Cal.3d 436. Collins was convicted of first degree murder (Pen. Code,1 § 187, subd. (a); count 1) and of attempted murder (§§ 664, 187, subd. (a); count 2). Firearm enhancements under section 12022.53, subdivision (d) were found true as to both counts. On March 2, 2015, the trial court sentenced Collins to 160 years to life. The trial court ordered Collins to pay $6,710.72 in victim restitution (§ 1202.4, subd. (f)), and imposed a $10,000 restitution fine (§ 1202.4, subd. (b)), a $40 court operations assessment (§ 1465.8), and a $30 court facility assessment (Gov. Code, § 70373). In 2020, Collins filed a petition for a writ of error coram nobis.2 On January 30, 2020, the trial court denied the writ for three reasons. First, a writ of error coram nobis is not a remedy to challenge an alleged violation of due process. Second, People v. Dueñas (2019) 30 Cal.App.5th 1157 is not retroactive to final cases. And third, Collins never objected to the assessments and fines. Collins appealed. His court-appointed counsel filed an opening brief which raised no issues and asked this court to conduct an independent review of the record under People v. Wende, supra, 25 Cal.3d at page 441. Collins submitted a supplemental letter asking us to strike assessments and fines because he has no ability to pay them.