P. v. Newell CA4/9
Defendant Christopher Lee Newell appeals the trial court’s judgment sentencing him to an aggregate prison term of 14 years arising from three separate criminal cases. Relying upon People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas), defendant argues the trial court violated his right to due process under both the federal and state constitutions. He reasons there is no evidence in the record supporting the trial court’s determination that he would be able to pay the two $300 restitution fines (Pen. Code, § 1202.4, subd. (b)) imposed, and thus, these fines are unconstitutional under Dueñas. We disagree with Dueñas and will affirm the judgment.
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