P. v. Lopez CA5
Appellant and defendant David Guillen Lopez pleaded guilty to one count of possession of a controlled substance with a firearm (Health & Saf. Code, § 11370.1, subd. (a)) and was sentenced to six years in state prison pursuant to a negotiated disposition. On appeal, defendant contends the court improperly ordered him to pay the restitution fine and fees without determining his ability to pay in violation of his constitutional rights to due process and equal protection under People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). We affirm.
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