P. v. McNeely CA6
Defendant Kelly Hugh McNeely pleaded no contest to two counts of lewd conduct on a child under the age of 14 in violation of Penal Code section 288, subdivision (a) in exchange for a three-year prison term. The trial court sentenced defendant to the agreed upon term and imposed various fines and fees, finding defendant had the ability to pay. On appeal, defendant challenges the imposition of fines and fees, arguing that the trial court erroneously placed the burden on him to show an inability to pay, considered potential future earnings as opposed to present ability to pay, made an ability to pay finding that was unsupported by the evidence, and failed to hold an evidentiary hearing. Defendant maintains that, accordingly, the imposition of fines and fees violated his due process and equal protection rights under the California and federal Constitutions, invoking People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). We shall affirm.
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