People v. Jimenez CA5

Filed 5/5/21 P. v. Jimenez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F079434 Plaintiff and Respondent, (Fresno Super. Ct. Nos. F19901401 v. & F19901201)

DAVID ISSAC JIMENEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Wayne R. Ellison, Judge. (Retired Judge of the Fresno Sup. Ct. assigned by the Chief Justice pursuant to article VI, § 6 of the Cal. Const.) Rachel Varnell, 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, Eric L. Christoffersen and Michael A. Canzoneri, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Poochigian, J. and Detjen, J.

INTRODUCTION Appellant and defendant David Issac Jimenez was sentenced to prison in two cases, ordered to pay restitution fines, fees, and assessments, and his defense attorney did not object. On appeal, defendant argues his trial attorney was prejudicially ineffective for failing to object to the court’s imposition of the fines and fees based on his inability to pay, as set forth in People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). We affirm. FACTS1 Case No. F19901401 On August 28, 2018, the victim’s home in Fresno was burglarized and two key fobs to her vehicle were taken. On August 30, 2018, the victim reported that her 2015 Acura had been stolen from her home in Fresno, it was valued at approximately $30,000, and the key fobs had been taken in the prior burglary. On August 31, 2018, officers recovered the stolen vehicle. There were no occupants, and the vehicle was not damaged. Defendant’s fingerprints were found on the driver’s door and window, and a warrant was issued for his arrest. Case No. F19901201 In January 2019, a resident reported to the police department that his home had been burglarized. The home had been tented for fumigation, and someone cut open the tent, entered the house, and stole a Sony PlayStation 4, valued at approximately $1,000, and miscellaneous jewelry valued at approximately $1,000. Defendant’s fingerprints were found on the bathroom window that was determined to be the point of entry into the house, and another arrest warrant was issued.