People v. Sanders CA6

Filed 4/19/21 P. v. Sanders CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H047883 (Monterey County Plaintiff and Respondent, Super. Ct. No. 19CR010616)

v.

TIFFANY SANDERS,

Defendant and Appellant.

Appellant Tiffany Sanders appeals the imposition of fines and fees by the trial court in her criminal case without holding a hearing on her ability to pay them. For the reasons set forth below, we determine that Penal Code section 1237.21 bars her claims and therefore dismiss the appeal.2 I. FACTS AND PROCEDURAL BACKGROUND On October 1, 2019, Sanders shoplifted from a store and subsequently battered a store employee who confronted her by striking the employee’s arms and body with her

1 Unspecified statutory references are to the Penal Code. Sanders’s appellate counsel has filed a petition for writ of habeas corpus 2

(H048289). This court ordered that the habeas corpus petition would be considered with this appeal, and we have disposed of it by separate order filed this day. (See Cal. Rules of Court, rule 8.387(b)(2)(B).)

fists. Sanders also struck with closed fists and headbutted a store patron who had attempted to intervene. Police arrested Sanders shortly after the incident. On October 22, 2019, the Monterey County District Attorney filed an information charging Sanders with robbery (Pen. Code, § 211) and attempted robbery (§§ 211, 664). On December 12, 2019, a jury found Sanders guilty of robbery. The probation department’s report filed prior to sentencing noted that Sanders had received a high school diploma and completed college classes in “Administration of Justice; Medical Assistant; Graphic Design and Business Entrepreneurship.” Under a section related to employment history, the report states Sanders was last employed in February 2019 and had also been employed in “retail sales.” The report noted that Sanders had several mental health issues and a history of substance abuse. In a separate section related to her financial capability, the report states that “[t]he defendant is employable and therefore capable of paying any fines or fees associated with the instant offense.” The probation department recommended that Sanders be imprisoned as well as pay certain fines and fees. Prior to the sentencing hearing on February 6, 2020, defense counsel submitted a sentencing memorandum with exhibits, arguing that the appropriate punishment for Sanders’s offense was formal probation, rather than imprisonment. The submission included a four-page letter from Sanders to the trial court. Sanders told the trial court she was “highly educated,” trained in various specialized fields, “here to focus on reactivating my positive, productive life,” and had “career and education goals.” On February 6, 2020, the trial court sentenced Sanders. At the hearing, defense counsel argued that she should be placed on probation, noting that “[w]hen she’s clean and sober, she’s good to her kids,” “takes care of everybody,” and works. The prosecution agreed that probation was appropriate. The trial court suspended imposition of sentence and placed Sanders on formal probation for four years, subject to a variety of terms and conditions, including that she 2