P. v. Jaco CA3
After defendant Danielle Lee Jaco pleaded no contest to identity theft (Pen. Code, § 530.5), the trial court granted her five years’ probation. On appeal defendant contends the imposition of an electronics search condition as a condition of her probation is invalid under People v. Lent (1975) 15 Cal.3d 481 (Lent). We agree. In supplemental briefing, defendant challenges the trial court’s order imposing a $300 restitution fine (§ 1202.4), a $40 court operations assessment (§ 1465.8), and a $30 criminal conviction assessment (Gov. Code, § 70373). Relying on People v. Dueñas (2019) 30 Cal.App.5th 1157, 1168, 1172 (Dueñas), defendant argues these fines and fees should be stayed until the trial court holds an ability to pay hearing. We disagree with Dueñas and its reasoning. Accordingly, we strike the electronics search condition from the probation order. As modified, the judgment is affirmed.
Comments on P. v. Jaco CA3