People v. Mendoza CA2/2

Filed 11/9/23 P. v. Mendoza CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, B323588

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA130003) v.

ROBERT ANGEL MENDOZA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert Serna, Judge. Reversed and remanded with directions.

Teresa Biagini, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Roberta L. Davis and Nikhil Cooper, Deputy Attorneys General, for Plaintiff and Respondent.

****** After a jury convicted Robert Angel Mendoza (defendant) of arson, the trial court orally imposed a prison sentence but no fines or assessments. However, the minute order and abstract of judgment reflected fines and assessments. This was error. We accordingly strike those fees and assessments and remand for their proper imposition, and to give defendant the opportunity to argue that he lacks the ability to pay the $370 to be imposed. FACTS AND PROCEDURAL BACKGROUND In September 2021, defendant—who was 46 years old at the time—was living in the detached garage behind his mother’s house. After she kicked him out, he broke back in and, in a fit of pique, set it ablaze. The People charged defendant with one felony count of arson (Pen. Code, § 451, subd. (c)).1 The People further alleged that defendant had nine prior felony convictions (§ 1203, subd. (e)(4)). In August 2022, a jury found defendant guilty as charged. Later that same month, the trial court sentenced defendant to the upper term of six years in state prison, and imposed a 10- year criminal protective order. The trial court did not impose any restitution fines, fees, or other assessments. In a subsequently issued minute order and abstract of