P. v. Garner CA1/4
Defendant Justin Garner pled no contest to the unlawful taking or driving of a vehicle, felony failure to appear, and grand theft of a bicycle. The trial court suspended imposition of his sentence, imposed fines and fees, and placed him on probation. The court subsequently revoked defendant’s probation and sentenced him to local prison (Pen. Code , § 1170, subd. (h)). In this appeal, defendant argues that, under People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas), and under the Eighth Amendment of the United States Constitution and article I, section 17 of the California Constitution, the trial court erred by failing to hold an ability to pay hearing before imposing certain fines and fees when it granted him probation. He also contends that his counsel was ineffective for failing to object to the imposition of the fines and fees. Defendant did not appeal from the order granting him probation and imposing the fines and fees at issue, so his claims are untimely and not cognizable i
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