People v. Miller CA5

Filed 3/16/21 P. v. Miller CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F078667 Plaintiff and Respondent, (Super. Ct. No. F18905158) v.

PARIS VALONTE MILLER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Edward Sarkisian, Jr., Judge. Kristine Koo, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Cameron E. Goodman, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Poochigian, Acting P.J., Meehan, J. and Snauffer, J.

Defendant Paris Valonte Miller stands convicted of residential burglary. On appeal, she contends that the trial court erred in (1) admitting evidence that she gave a false name when arrested for a different offense to prove consciousness of guilt, and (2) imposing fines and fees without assessing her ability to pay. We affirm. PROCEDURAL SUMMARY On November 6, 2018,1 the Fresno County District Attorney filed an amended information charging defendant with residential burglary (Pen. Code,2 §§ 459, 460, subd. (a); count 1). On November 14, a jury found defendant guilty on count 1. On December 21, the trial court sentenced defendant to the middle term of four years on count 1. The trial court also imposed a restitution fine (§ 1202.4) of $1,200, a court operations fee (§ 1465.8) of $40, and a criminal conviction fee (Gov. Code, § 70373) of $30. On December 31, defendant filed a notice of appeal. On August 23, 2019, defendant requested the trial court make a determination on her ability to pay the fines and fees imposed pursuant to section 1237.2 and People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). On September 10, 2019, the trial court denied the request, noting that defendant did not raise the issue at sentencing, did not appear to have any physical or mental condition that would prevent employment, and would have the opportunity to earn prison wages while incarcerated.

1 All further dates refer to the year 2018 unless otherwise stated. 2 All further statutory references are to the Penal Code unless otherwise stated.