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Name: People v. Rodriguez
Case #: B291137
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 09/23/2019

Subsequent history: On 1/16/2020, the California Supreme Court denied a petition for review without prejudice to any relief to which defendant might be entitled after the court decides People v. Kopp (2019) 38 Cal.App.5th 47, review granted 11/13/2019 (S257844/D072464) and People v. Lemcke (June 21, 2018, G054241) [nonpub. opn.], review granted 10/10/2018 (S250108) (dealing with jury instruction related to eyewitness testimony).

Editor’s Note: The published opinion in this case involved other issues as well.

Rodriguez was convicted of attempted murder and other crimes. The trial court sentenced him to 45 years four months to life and imposed a $300 victim restitution fine, a $90 criminal conviction assessment fine, and a $120 court operations assessment fine. The fines and fees were imposed prior to the Dueñas decision. On appeal, Rodriguez requested that the court vacate the court fees and stay his restitution fine in light of Dueñas.

Holdings/Reasoning: Rodriguez conceded he did not object to the fees or fines at the trial court. Based on this the court concluded he forfeited his Dueñas argument, citing People v. Frandsen (2019) 33 Cal.App.5th 1126, 1153–1155 and People v. Bipialaka (2019) 34 Cal.App.5th 455, 464.