People v. Conner CA3

Filed 11/20/20 P. v. Conner CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Placer) ----

THE PEOPLE, C089586

Plaintiff and Respondent, (Super. Ct. Nos. 62158369, 6216013) v.

DEREK MICHAEL CONNER,

Defendant and Appellant.

Defendant Derek Michael Conner pleaded no contest in two cases to possession of a controlled substance with a firearm and receiving a stolen vehicle. In accordance with the plea, defendant was sentenced to two years eight months. The court also imposed the minimum fines and fees on each of the counts. On appeal, defendant challenges only the imposition of these fines and fees, relying on People v. Dueñas (2019) 30 Cal.App.5th

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1157 (Dueñas). We dismiss because defendant failed to satisfy Penal Code1 section 1237.2. BACKGROUND Defendant’s appeal involves two cases from two separate incidences, the first occurring in March 2018 where police searched defendant and found a handgun and heroin, and the second in May 2018 where defendant was found driving a stolen vehicle. In the first case defendant was charged with two felonies, possession of a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a)) and carrying a loaded firearm in a prohibited place with a prior conviction (§ 25850, subd. (a)), and two misdemeanors, possession of a firearm with the serial numbers removed (§ 23920) and possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a)). Defendant was charged with three felony counts in the second case: unlawfully taking a vehicle (Veh. Code, § 10851, subd. (a)), receiving a stolen vehicle (§ 496d, subd. (a)), and carrying a dirk or dagger (§ 21310). It was further alleged defendant committed these offenses while released on bail in the first case and two other cases. (§ 12022.1.) In a comprehensive plea, defendant pleaded nolo contendere to possessing a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a)) in the first case and receiving a stolen vehicle (§ 496d, subd. (a)) in the second case. The other charges were dismissed. Pursuant to the plea agreement, the court sentenced defendant to the lower term of two years for possession of a controlled substance with a firearm and eight months for receiving a stolen vehicle. Defendant’s counsel also told the court on defendant’s release he “will not have anywhere to live” and “has no financial assistance at all” so he asked “that the recommended per conviction fee be—well, not laid upon my client as well as