People v. Tyler CA2/6

Filed 3/15/21 P. v. Tyler CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B302924 (Super. Ct. No. Plaintiff and Respondent, F000368216001) (San Luis Obispo County) v.

RICHARD SHELDON TYLER,

Defendant and Appellant.

Richard Tyler appeals from the order after judgment denying his motion to set aside and dismiss the conviction. (Pen. Code,1 § 1203.4.) He contends the trial court erred in denying relief based on his failure to pay court-ordered fines and fees without determining his ability to pay.2 We affirm.

1 All subsequent undesignated statutory references are to the Penal Code.

2 Tyler also appeals from the denial of his motion to reduce the charge to a misdemeanor. (§ 17, subd. (b).) He has

FACTUAL AND PROCEDURAL BACKGROUND In 2005, a jury found Tyler guilty of possession of methamphetamine for sale and found true an allegation that it was in crystalline form. (Health & Saf. Code, § 11378; Pen. Code, § 1170.74.) The trial court placed Tyler on supervised probation for three years with terms and conditions including that he serve 365 days in county jail and pay various fines and fees: $200 restitution to the state restitution fund (§ 1202.4, subd. (f)), a $200 restitution fine (§ 1202.4, subd. (b)(1)), a $200 probation revocation fine stayed pending successful completion of probation (§ 1202.44), a $300 statutory penalty (Gov. Code, § 76104.6, subd. (a)), a $50 criminal laboratory fee (Health & Saf. Code, § 11372.5) and a $20 court security fee (§ 1465.8, subd. (a)(1)). In addition, he was ordered to reimburse the county, in the form of a civil judgment, for various fees: a $45 processing fee, $520 for a pre- sentence investigation and report, a $40 monthly probation monitoring fee, an $85 adult probation intake fee, and a $55 chemical testing fee. (§ 1203.1b.) We affirmed the judgment in 2006. (People v. Tyler (Sept. 28, 2006, B189006) [nonpub. opn.].) In 2007 and 2008, Tyler admitted four violations of probation. For three of the violations, he received additional jail time of 10 days, 20 days (concurrent to a new criminal case and another case), and 90 days (concurrent to another case), respectively. In 2010, he paid $632 toward his obligations. In 2019, Tyler moved to set aside the conviction and dismiss the charges. (§ 1203.4.) He asserted that the ends of justice would be served because he had no criminal charges since 2008, he moved to Ventura County, and the conviction “has made