People v. Wright CA3

Filed 2/23/21 P. v. Wright CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C087233

Plaintiff and Respondent, (Super. Ct. No. 17CF06642)

v.

TRACI RENAE WRIGHT,

Defendant and Appellant.

Defendant appeals a judgment entered following her guilty plea to grand theft (Pen. Code, § 487, subd. (a))1 and sentence of three years in county prison with 731 days suspended for mandatory supervision (§ 1170, subd. (h)(5)). She argues: (1) two special conditions of mandatory supervision are unconstitutionally overbroad such that they must be modified or stricken and (2) certain fees imposed at sentencing violate due process in

1 Undesignated statutory references are to the Penal Code.

1

light of People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas) requiring remand for an ability to pay hearing. While defendant has forfeited any as-applied constitutional challenge because she did not object to these special conditions at sentencing, we conclude the two special conditions are not facially overbroad. As to the mandatory fines, we disagree with Dueñas and conclude no ability to pay hearing was required prior to imposing these fees. The judgment is affirmed. FACTUAL AND PROCEDURAL HISTORY Defendant pleaded guilty to grand theft in excess of $950 (§ 487, subd. (a); count 2) in exchange for dismissal of the remaining burglary count (§ 459; count 1) and dismissal with a Harvey2 waiver of at least one other misdemeanor case. The parties stipulated the factual basis for her plea would be represented in the probation report, which relayed that defendant was found in possession of several items belonging to her former roommate, who had been arrested a few days before. Defendant took this property while the former roommate was incarcerated and after defendant’s permission to be at the former roommate’s house was revoked. In the dismissed misdemeanor case, defendant was charged with possession drug paraphernalia (Health & Saf. Code, § 11364) and petty theft of lost property (§ 485) based upon her taking of a wallet left in a dressing room and possession of a methamphetamine pipe and 13 syringes. Defendant was sentenced on May 10, 2018. The court denied defendant’s request for probation finding she did not meet the required unusual case criteria for eligibility. Instead, the court sentenced defendant to serve three years in county prison with 731 days suspended for mandatory supervision (§ 1170, subd. (h)(5)). Included within the terms of mandatory supervision were two challenged special conditions requiring defendant waive her right to confidentiality for certain records, which we will discuss in greater detail,