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People v. Gutierrez

Defendant forfeited his challenge to fees and assessments by failing to object based on his ability to pay.

Defendant argued the trial court erred by imposing various fines and fees without first affording him an ability-to-pay hearing under People v. Duenas (2019) 30 Cal.App.4th 1157. However, defendant didn’t object to the fees and fines at the original sentencing hearing or on remand from his appeal. If he did not object based on ability to pay the $10,000 restitution fine, he could not complain about the remaining fees that were much less. In any event, the court found he had the ability to pay.

____ Cal.App.5th ____, ____ Cal.Rptr.3d ____, 2019 D.A.R. 4868 (4th Dist. 2019) June 04, 2019 (D073103)

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