People v. Ramos CA5

California Court of Appeal Jun 7, 2021 No. F080918Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court held that the defendant forfeited his claim for an ability-to-pay hearing under People v. Dueñas by failing to object to the imposition of fines and assessments at the time of sentencing.

Issues

Whether the defendant forfeited his claim for an ability-to-pay hearing by failing to object at sentencing.
Whether the trial court failed to exercise informed discretion in imposing fines and assessments.
Whether the imposition of fines and assessments constituted an unauthorized sentence.

Disposition. affirmed

Quotations verified verbatim against the opinion

“We conclude defendant forfeited review of his Dueñas claim by failing to object and we affirm the judgment.”

“The failure to object in the trial court generally forfeits a claim on appeal and this principle is applicable to constitutional claims.”

Filed 6/7/21 P. v. Ramos 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F080918 Plaintiff and Respondent, (Super. Ct. No. VCF330241) v.

ROBERT RAMIREZ RAMOS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Gary L. Paden, Judge. John Steinbert, 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, William K. Kim and Louis M. Vasquez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Smith, J. and Meehan, J.

INTRODUCTION In this case, defendant Robert Ramirez-Ramos was charged on January 26, 2016, with willful infliction of corporal injury to a spouse, cohabitant or child’s parent, in violation of Penal Code section 273.5, subdivision (a).1, 2 He pled guilty to the charge on February 26, 2016, and, following placement in a domestic violence court program, was granted probation for three years, subject to certain terms and conditions. On February 26, 2018, defendant was charged in Tulare Superior Court case No. VCF361905B in connection with two attempted murders.3 On November 22, 2019, following a jury trial that included two codefendants, defendant was convicted of shooting at an occupied motor vehicle with attached gang and firearm enhancements. (§§ 246, 186.22, subd. (b), 12022.53, subds. (c), (e)(1).) At a combined sentencing hearing, defendant was sentenced to a term of 15 years to life in prison in Tulare Superior Court case No. VCF361905B. In this case, the trial court terminated probation and committed defendant to prison for the upper term of four years, concurrent to the term imposed in Tulare Superior Court case No. VCF361905B. In addition, the court imposed, without objection, a restitution fine of $600 under section 1202.4, subdivision (b)(1); a parole revocation restitution fine of $600 under section 1202.45, subdivision (a), suspended; a court operations assessment of $40 under section 1465.8; and a court facilities assessment of $30 under Government Code section 70373. Noting an inability to pay, the court did not impose costs for legal assistance. (§ 987.8.)

People v. Ramos CA5

AI Brief

More from California Court of Appeal

Related research

AI Brief