People v. Monroy CA2/6

Filed 11/17/20 P. v. Monroy CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B301691 (Super. Ct. No. 18CR06432) Plaintiff and Respondent, (Santa Barbara County)

v.

ERIC BERTO MONROY,

Defendant and Appellant.

Eric Berto Monroy appeals from the judgment after he pled guilty to second degree murder and admitted a gang allegation. (Pen. Code,1 §§ 187, subd. (a); 186.22, subd. (b)(1).) The trial court sentenced him to 15 years to life in state prison. Monroy contends the trial court erred when it imposed a $10,000 restitution fine (§ 1202.4, subd. (b)), a $40 court operations assessment (§ 1465.8), and a $30 conviction

1 Further unspecified statutory references are to the Penal Code.

assessment (Gov. Code, § 70373) without evidence of his ability to pay. We affirm. FACTUAL AND PROCEDURAL HISTORY In January 2010, Monroy participated in the shooting of another person in order to gain favor with a gang. After pleading guilty to murder and admitting a gang allegation, the trial court sentenced him to 15 years to life in state prison. At sentencing, Monroy objected to the imposition of fines and fees, including a $10,000 restitution fine (§ 1202.4, subd. (b)(1)), pursuant to People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas).2 He said he was represented by court-appointed counsel, and had “no job, no future ability to have a job since he’s pled to a murder conviction and will be serving a life sentence.” The trial court imposed the maximum restitution fine (§ 1202.4, subd. (b)). The court stated: “Considering the length of the incarceration, the fact that he can earn wages in prison, I am going to find that fine is also proportionate to the crime that was committed.” The court also ordered a $10,000 parole revocation restitution fine, which was suspended pending successful completion of parole (§ 1202.45), $8,601.85 in victim restitution payable to the California Victim Compensation Board (§ 1202.4, subd. (f)), an additional $2,200 in victim restitution payable to the victim’s family,3 a $40 court operations assessment (§ 1465.8), and a $30 conviction assessment (Gov. Code, § 70373).