People v. Spencer CA6

Filed 10/23/23 P. v. Spencer CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

THE PEOPLE, H050777 (Santa Cruz County Plaintiff and Respondent, Super. Ct. No. 21CR05547)

v.

GEORGE ANTHONY SPENCER,

Defendant and Appellant.

Defendant George Anthony Spencer pleaded no contest to two counts of unlawful sexual intercourse with a minor and individual counts of furnishing a controlled substance to a minor, child abuse, assault with a deadly weapon, sending harmful matter to a minor, contact with a minor for a sexual offense, and possession of child pornography. In February 2023, the trial court imposed an aggregate term of six years in state prison, ordered Spencer to register as a narcotics offender, and also ordered him to register as a sex offender for life. Spencer argues the trial court erred by requiring him to register as a narcotics offender because the Legislature eliminated the statutory requirement for such registration in 2020. The Attorney General concedes this claim, and we accept the concession.

Spencer also argues the trial court erroneously imposed various fines and fees without determining his ability to pay them as required under People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas).1 For the reasons below, we reject this claim. Accordingly, we strike the order requiring registration as a narcotics offender, order the trial court to issue a corrected abstract of judgment omitting the narcotics registration requirement, and affirm the judgment as modified. I. PROCEDURAL BACKGROUND The facts of the offenses are not set forth in the record. The prosecution charged Spencer with 11 counts: count 1—forcible rape (Pen. Code, § 261, subd. (a)(2))2; counts 2, 3, and 4—unlawful sexual intercourse with a minor (§ 261.5, subd. (c)); count 5—oral copulation of a person under 18 (§ 287, subd. (b)(1)); count 6—selling or furnishing a controlled substance to a minor (Health & Saf. Code, § 11353); count 7—child abuse (§ 273a, subd. (a)); count 8—assault with a deadly weapon (§ 245, subd. (a)(1)); count 9—sending harmful matter to a minor (§ 288.2, subd. (a)(1)); count 10—contact with a minor for a sexual offense (§ 288.3, subd. (a)); and count 11—possession of child or youth pornography (§ 311.11, subd. (a)). As part of a plea agreement, Spencer pleaded no contest to counts 2, 3, and 6 through 11 in exchange for dismissal of counts 1, 4, and 5, and a term of six years in state prison. In February 2023, the trial court imposed an aggregate sentence of six years in prison, consisting of the middle term on count 6 with the remaining terms running concurrently. Spencer was also required to register as a sex offender for life and as a narcotics offender. The trial court imposed a $300 restitution fine under section 1202.4, subdivision (b), a $320 court operations fee under section 1465.8, and a $240 court facility fee under