People v. Rincon CA5

Filed 10/15/21 P. v. Rincon 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F079800 Plaintiff and Respondent, (Super. Ct. No. 17CR-05106A) v.

STEVEN PATRICK RINCON, OPINION Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Merced County. Carol K. Ash, Judge. Deborah L. Hawkins, 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, Daniel B. Bernstein and Stephanie A. Mitchell, for Plaintiff and Respondent. -ooOoo- Two jail inmates—Steven Patrick Rincon and Reyes James Carrillo—were convicted of murder after they attacked and killed a fellow inmate. Rincon contends the

court erred by imposing certain fines and fees without first conducting an ability-to-pay hearing. We disagree and affirm. BACKGROUND Charges Rincon was indicted by grand jury for murder (Pen. Code,1 § 187). The indictment further alleged prior strike and prior serious felony enhancements (§§ 667, subds. (b)-(i) & 667, subd. (a)(1)). Trial Evidence The incident in this case was captured on a jail surveillance camera. The video depicts several inmates in a cell. About one minute into the video, Carrillo enters the sleeping quarters after which the victim emerges from atop a bunkbed and exits the room. Carrillo follows behind. Rincon is seated on a toilet near a table. The victim sits at a table directly in front of Rincon. Within seconds, Rincon attacks the victim from behind. Carrillo joins in and the attack lasts nearly 12 minutes. The victim “died several days later.” A forensic pathologist testified “blunt-impact head injuries” caused death. Those injuries included a broken nose, broken bones near the eyes, “lacerations and impacts to [the] face and … scalp,” and blood clogging “the airways into the back of [the] throat” resulting in “irreversible brain injury.” Verdict and Sentence Rincon was found guilty as charged and sentenced to serve 55 years to life in prison. The sentence included a $10,000 restitution fine, a $40 operation fee, and a $30 conviction fee.2