California Court of Appeals, Fourth District, First Division
from a judgment of the Superior Court of San Diego County,
Polly H. Shamoon, Judge. Affirmed as modified and remanded
with directions. (Super. Ct. No. SCD273634)
Ferguson, under appointment by the Court of Appeal, for
Defendant and Appellant.
Becerra, Attorney General, Julie L. Garland, Assistant
Attorney General, Charles C. Ragland and Alana Cohen Butler,
Deputy Attorneys General, for Plaintiff and Respondent.
Cal.Rptr.3d 900] In this case the appellant seeks, for the
first time on appeal, to challenge the court’s imposition of
various fines, fees and assessments as part of the sentence.
We will find the issue has been forfeited by failure to raise
it at the sentencing hearing. Since the appellant does not
challenge his conviction or any other part of his sentence we
will affirm the judgment.
G. Keene pleaded guilty to one count of failure to register
as a sex offender (Pen. Code, � � 290.012, 290.018,
subd. (b)). He also admitted a strike prior (� 667, subds.
(b)-(i)) and a prison prior (� 667.5, subd. (b)). The court
indicated it would strike the strike prior at sentencing.
the pendency of his sentencing hearing, Keene was released on
his own recognizance. Thereafter, Keene failed to appear for
sentencing and was ultimately arrested on a bench warrant.
sentencing hearing, Keene’s motion to withdraw his guilty
plea was denied. The court struck the "strike"
prior and sentenced Keene to the middle term of two years for
the offense plus one year for the prison prior. The court
also imposed a $1500 restitution fine (� 1202.4, subd. (b))
and $224 in other fees and assessments. Keene did not object
to the fines, fees or assessments; nor did he request a
hearing on his ability to pay any of the imposed amounts.
appeals relying on People v. Dueñas (2019) 30
Cal.App.5th 1157, 242 Cal.Rptr.3d 268 (Dueñas
). He contends the imposition of fines, fees and assessments
without first holding a hearing on his present ability to pay
denied him due process. He also contends that if we find the
issue to be forfeited for failure to ...