P. v. Cooper CA2/11
Daniel Lloyd Cooper, representing himself, pleaded no contest to shooting at an occupied motor vehicle and received a seven-year state prison term. At sentencing the court imposed a $30 court facilities assessment, a $40 court operations assessment and a $300 restitution fine.
Following appointment of counsel on appeal, Cooper, through counsel, moved in the trial court pursuant to Penal Code section 1237.2 to vacate the assessments and to stay the restitution fine based on this court’s decision in People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). In the alternative, Cooper requested the trial court conduct an ability-to-pay hearing. The court denied the motion. We reverse the trial court’s ruling and remand for the court to conduct a hearing to determine Cooper’s ability to pay the assessments and fine imposed.
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