People v. Jordan CA4/3

Filed 2/3/25 P. v. Jordan CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G063160

v. (Super. Ct. No. 11HF2340)

RONALD JORDAN, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Steven D. Bromberg, Judge. Dismissed. Elizabeth Campbell, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. * * *

A jury convicted defendant Ronald Jordan of four counts of 1 second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)), two counts of assault with a firearm (§ 245, subd. (a)(2)), and one count of conspiracy to commit robbery (§ 182, subd. (a)(1)). The jury found true allegations that defendant personally used a firearm in connection with the robbery and assault counts. (§§ 12022.53, subd. (b), 12022.5, subd. (a).) In a bifurcated proceeding, the court convicted defendant of possession of a firearm by a felon. (Former § 12021, subd. (a)(1).) The court also found true all prior conviction allegations against defendant, including a federal conviction for bank robbery that served as a prior strike (§§ 667, subds. (a)(1), (d), (e)(1), 667.5, subd. (c)(9), 1170.12, subds. (b), (c)(1), 1192.7, subd. (c)(19)), and two prison priors (§ 667.5, subd. (b)). The court sentenced defendant to 43 years in prison. In a prior opinion, we affirmed the judgment. (People v. Jordan (Oct. 23, 2014, G049462) [nonpub. opn.] (Jordan I).) In a separate appeal, we affirmed a post-judgment restitution order of $49,265.25 to Bank of America arising from the armed robbery. (People v. Jordan (Oct. 23, 2014, G049754) [nonpub. opn.] (Jordan II). The present appeal concerns that restitution order. In May 2023, Jordan, acting in propria persona, filed a motion to modify and stay restitution fines imposed on him in excess of $200.00 as violative of the Eighth Amendment Cruel and Unusual Punishment clause, citing People v. Kopp (2019) 38 Cal.App.5th 47, 95-96 (Kopp). In Kopp, the court “to some extent” followed People v. Duenas (2019) 30 Cal.App.5th 1157 in requiring the