California Court of Appeal Jun 28, 2021 No. E074677Unpublished
Filed 6/28/21 P. v. Delgado CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E074677
v. (Super.Ct.No. SWF1502109)
HECTOR DELGADO, JR., OPINION
Defendant and Appellant.
APPEAL from the Superior Court of Riverside County. Kelly L. Hansen, Judge.
Dismissed.
Correen Ferrentino, under appointment by the Court of Appeal, for Defendant and
Appellant.
Xavier Becerra, Attorney General, Matthew Rodriquez, Acting Attorney General,
Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney
General, Charles C. Ragland, Scott Taylor and Laura Baggett, Deputy Attorneys General,
for Plaintiff and Respondent.
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PROCEDURAL HISTORY1
On November 6, 2015, a complaint charged defendant and appellant Hector
Delgado, Jr. with inflicting corporal injury resulting in a traumatic condition upon Jane
fees, or costs without having first presented the claim in the trial court.” (People v. Hall
(2019) 39 Cal.App.5th 502, 504.)
Because the sole issue in this appeal concerns the imposition of fines and fees, and
defendant failed to present this issue in the trial court, Penal Code section 1237.2 compels
that we dismiss the appeal. (People v. Hall, supra, 39 Cal.App.5th at p. 505 [applying
section 1237.2 and dismissing single-issue appeal in which the defendant alleged a
Dueñas violation]; cf. People v. Jenkins (2010) 40 Cal.App.5th 30, 38, review granted
Nov. 26, 2019, S258729, review dismissed Jul. 29, 2020 [a defendant need not seek relief
in the trial court first “if issues other than the imposition or calculation of such fines,
assessments, and fees are being appealed”].)
In response to our request for additional briefing, defendant contends that Penal
Code section 1237.2 does not apply because defendant “did object at the time of
sentencing to the court’s imposition of fines and fees.” We are not persuaded. In this
case, as noted above, at the conclusion of the sentencing hearing, defense counsel asked
the court to “waive any fines and fees due to the length of incarceration.” Defendant did
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not raise an objection based defendant’s ability to pay. In response to defendant’s
objection, the trial court noted that it was “just imposing the minimum mandatories.”
Then defense counsel responded, “Thank you.” There was no discussion regarding
defendant’s ability to pay the fines and fees. Moreover, defendant did not file any motion
to challenge the imposition of fines and fees.
Therefore, because defendant is required to seek relief in the trial court in the first
instance before pursuing this single-issue appeal under Penal Code section 1237.2,
defendant’s appeal is dismissed.
DISPOSITION
The appeal is dismissed, without prejudice to further appeal once defendant has
appropriately addressed this issue in the trial court.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
MILLER J.
We concur:
RAMIREZ P. J.
SLOUGH J.
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AI Brief
AI-generated · verify before citing
Holding. The court dismissed the appeal because the defendant failed to first present his claim regarding the trial court's imposition of fines and fees to the trial court, as required by Penal Code section 1237.2 for single-issue appeals.
Issues
Whether an appeal challenging the imposition of fines and fees without an ability-to-pay hearing must be dismissed under Penal Code section 1237.2 when the issue was not first raised in the trial court.
Disposition. Dismissed
Quotations verified verbatim against the opinion
“Because the sole issue in this appeal concerns the imposition of fines and fees, and defendant failed to present this issue in the trial court, Penal Code section 1237.2 compels that we dismiss the appeal.”
“The appeal is dismissed, without prejudice to further appeal once defendant has appropriately addressed this issue in the trial court.”