People v. Sigmund CA6

Filed 9/18/24 P. v. Sigmund CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H051837 (Santa Cruz County Plaintiff and Respondent, Super. Ct. Nos. F19709, F20357)

v.

PETER SIGMUND,

Defendant and Appellant.

THE COURT1 Peter Sigmund challenges an order denying his motion to modify sentence and to vacate the court-ordered restitution fines pursuant to Assembly Bill No. 1869 and Penal Code section 1465.9.2 For the reasons set forth below, we affirm the order. I. PROCEDURAL BACKGROUND3 In 2011, the Santa Cruz County Superior Court convicted Sigmund by plea in two separate actions. In case number F19709, he was convicted of six counts of lewd acts with a child (§ 288, subd. (a), counts 1-6, 8, 10-11), two counts of employment or use of a minor to perform prohibited acts (§ 311.4, subd. (c), counts 12-13), and one count of possession or control of matter depicting a minor engaging in or simulating sexual

Before Greenwood, P. J., Grover, J., and Danner, J. 1

Undesignated statutory references are to the Penal Code. 2 3 We omit the facts of the offense as they are not relevant to the analysis and disposition of the appeal.

conduct (§ 311.11, subd. (a), count 14). In case number F20357, he was convicted of two counts of distributing lewd materials to a minor (§ 288.2, subd. (a), counts 2, 6) and two counts of lewd acts with a child (§ 288, subd. (a), counts 3, 4). The trial court sentenced Sigmund to serve an aggregate 25-year prison term. In case number F19709, the court ordered him to pay $5,000 in restitution fines pursuant to section 1202.4, subdivision (b), payable forthwith pursuant to section 2085.5, $5,000 in restitution fines pursuant to section 1202.45, subdivision (b), suspended unless parole was revoked, and $7,841 in restitution pursuant to section 1202.4, subdivision (f), payable directly to the specified victims. In case number F20357, the court ordered him to pay $960 in restitution fines pursuant to section 1202.4, subdivision (b), payable per section 2085.5, $960 in restitution fines pursuant to section 1202.45, subdivision (b), suspended unless parole was revoked, and $75 in restitution pursuant to section 1202.4, subdivision (f), payable directly to the specified victims. The court did not impose an administrative fee under section 1202.4 or 2805.5 for the collection of any of the restitution fines. In 2023, Sigmund filed a motion to modify his sentence and vacate the restitution fines. He argued that the restitution fines were no longer enforceable under section 1465.9. He also claimed that the trial court imposed the fines without determining his ability to pay as required by Government Code section 13967 et seq., and violated his Fifth and Fourteenth Amendment due process rights in doing so. The trial court denied Sigmund’s request to vacate or modify the restitution fines. It determined that section 1465.9 did not list the restitution fines under section 1202.4, subdivision (b) as unenforceable or uncollectible. It found that the victim restitution fines were not subject to an ability to pay finding pursuant to section 1202.4, subdivision (g).4