Does the Court's failure to hold a hearing on whether a defendant has the ability to pay assessments under the Government Code or Penal Code violate his due process and equal protection rights?

Priest separately contends the court's failure to hold a hearing on his ability to pay the court assessments under the Government Code violated his due process and equal protection rights. To support his position, he relies on People v. Dueas (2019) 30 Cal.App.5th 1157, a Second Appellate District case that concluded due process requires a trial court to determine whether a defendant has the ability to pay court facilities and operation assessments under Government Code section 70373 and Penal Code section 1465.8 before imposing them. (Dueas, at pp. 1171-1172.) Although Priest recognizes the failure to object to the imposition of these fines and fees would ordinarily forfeit his right to raise the issue on appeal, he maintains that because Dueas had not yet been decided at the time, he could not have reasonably anticipated that the court would entertain the argument, and so raising the issue would have been futile. (People v. Welch (1993) 5 Cal.4th 228, 237-238 [when objection would have been futile, reviewing courts traditionally excuse failure to object].)