P. v. Durrand
Defendant Robert Tanyo Durrand appeals from a judgment entered after his guilty pleas to several felonies and misdemeanors. His sole argument on appeal is that his trial counsel was ineffective for failing to object to the imposition of restitution fines imposed by the trial court pursuant to Penal Code section 1202.4, subdivision (b),[1] and the matching parole revocation fine imposed under section 1202.45. In a separate petition for writ of habeas corpus, which we ordered considered with this appeal, defendant additionally argues that his trial counsel was ineffective for failing to investigate and properly advise him of potential defenses to his alleged prior strike conviction stemming from a Florida burglary offense, which he admitted as part of his plea agreement.
For the reasons set forth below, we find no merit in defendant’s contention that his trial counsel rendered ineffective assistance of counsel for failing to object to the imposition of the restitution fine and the matching parole revocation fine. However, we find that defendant has stated a prima facie case for relief in his accompanying petition for writ of habeas corpus, and therefore issue an order to show cause returnable to the superior court.
Comments on P. v. Durrand