People v. Cooper CA2/7

Filed 2/16/21 P. v. Cooper CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B301874

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA098286) v.

DANIEL LLOYD COOPER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Yvette Verastegui, Judge. Judgment of conviction affirmed; remanded with directions. James R. Bostwick, Jr., 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, Senior Assistant Attorney General, Paul M. Roadarmel, Jr., Supervising Deputy Attorney General and David A. Wildman, Deputy Attorney General, for Plaintiff and Respondent.

Daniel Lloyd Cooper, representing himself, pleaded no contest to shooting at an occupied motor vehicle and received a seven-year state prison term. At sentencing the court imposed a $30 court facilities assessment, a $40 court operations assessment and a $300 restitution fine. Following appointment of counsel on appeal, Cooper, through counsel, moved in the trial court pursuant to Penal Code section 1237.2 to vacate the assessments and to stay the restitution fine based on this court’s decision in People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). In the alternative, Cooper requested the trial court conduct an ability-to-pay hearing. The court denied the motion. We reverse the trial court’s ruling and remand for the court to conduct a hearing to determine Cooper’s ability to pay the assessments and fine imposed. FACTUAL AND PROCEDURAL BACKGROUND Cooper was charged in an amended complaint in October 2018 with assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b)) and two additional felony and misdemeanor offenses with special allegations he had a prior strike conviction (Pen. Code, §§ 667, subds (b)-(i), 1170.12) and a prior serious felony conviction (Pen. Code, § 667, subd. (a)). Pursuant to a negotiated agreement Cooper pleaded no contest to an amended charge of assault with a firearm (Pen. Code, § 245, subd. (a)(2)) and was sentenced to state prison for five years. At sentencing the court imposed a $30 court facilities assessment (Gov. Code, § 70373), a $40 court operations assessment (Pen. Code, § 1465.8, subd. (a)(1)) and a $300 restitution fine (Pen. Code, § 1202.4, subd. (b)).1