People v. Barnes CA2/2

Filed 12/10/20 P. v. Barnes CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, B299398

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA075220) v.

REGINALD BARNES,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Daviann L. Mitchell, Judge. Affirmed.

Gloria C. Cohen, under appointment by the Court of Appeal, for Defendant and Appellant.

Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Noah P. Hill, Deputy Attorney General, and

Nancy Lii Ladner, Deputy Attorney General, for Plaintiff and Respondent. ****** Reginald Barnes (defendant) appeals the trial court’s finding that he had the ability to pay a $300 restitution fine (Pen. Code, § 1202.4, subd. (b))1 if given 18 months to do so. Substantial evidence supports this finding, so we affirm. FACTS AND PROCEDURAL BACKGROUND I. Facts In late November 2018, defendant drove his car through a stop sign and crashed into a bank. He was under the influence. At that time, defendant had three convictions for driving under the influence (DUI) (Veh. Code, § 23152) based on conduct in 2009, in July 2017, and in October 2017. II. Procedural Background The People charged defendant with driving under the influence within 10 years of having three prior DUIs, which is a felony (Veh. Code, §§ 23152, subd. (f), 23550).2 In May 2019, defendant pled no contest to this count and admitted his prior DUI convictions. Pursuant to the parties’ plea agreement, the trial court imposed a time-served sentence (of 336