People v. Farren CA3

Filed 7/13/22 P. v. Farren CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yuba) ----

THE PEOPLE,

Plaintiff and Respondent, C094438

v. (Super. Ct. Nos. CRF2002641, CRF2100707) HEATHER JEANNETTE FARREN,

Defendant and Appellant.

Defendant Heather Jeannette Farren pleaded guilty to felony vandalism (Pen. Code, § 594, subd. (b)(1))1 in one case and in a separate case pleaded guilty to burglary

1 Undesignated statutory references are to the Penal Code.

1

(§ 459). The trial court placed her on probation and ordered her to pay various fines and fees. Defendant now contends we should vacate fees under sections 1203.1b, 987.8, and Government Code section 29550.2 pursuant to Assembly Bill No. 1869 (2019-2020 Reg. Sess.). We agree that fees imposed under section 1203.1b and Government Code section 29550.2 must be vacated, but we disagree that fees under section 987.8 must be vacated, as the record indicates they were not imposed. Defendant also challenges certain fines and assessments under People v. Dueñas (2019) 30 Cal.App.5th 1157, equal protection, and the prohibition against excessive fines. We conclude the claim is forfeited because defendant failed to object to the imposition of the fine and fees or request an ability to pay hearing. Anticipating this result, defendant argues counsel was ineffective. We conclude defendant has not demonstrated prejudice. We will modify the judgment to vacate the fees imposed under section 1203.1b and Government Code section 29550.2, and affirm the judgment as modified. BACKGROUND In case No. CRF2002641 (641), after a convenience store denied her request to buy expired food, defendant went into the bathroom and broke the mirror and sink, causing approximately $1,200 in damages. Defendant pleaded no contest to felony vandalism (§ 594, subd. (b)(1)). The trial court suspended imposition of sentence and placed defendant on probation for two years with various terms and conditions. Finding an ability to pay, the trial court ordered defendant to pay a $300 restitution fine (§ 1202.4, subd. (b)), a $300 probation revocation fine (§ 1202.44), a 10 percent collection fee (§ 1202.4, subd. (l)), a $40 probation fee (§ 1203.1b), a $370 presentence report fee (§ 1203.1b), a $43.50 booking fee (Gov. Code, § 29550.2), a $5 fee for each urinalysis drug test (§ 1203.1b), a $40 court operations assessment (§ 1465.8), and a $30 conviction assessment (Gov.