People v. Morris CA2/3

Filed 6/27/14 P. v. Morris CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B253301

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA028244) v.

JAMES MORRIS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Lisa M. Chung, Judge. Dismissed.

Jill Ishida, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant, James Morris, appeals from the trial court’s order denying his motion to reduce a $10,000 restitution fine. However, since Morris was sentenced in 2006, execution of his sentence had begun, the trial court had made no judicial error and had not imposed an unauthorized sentence by ordering the fine, the trial court was without jurisdiction to hear Morris’s motion. Accordingly, the ruling is not an appealable order and we dismiss the appeal. FACTUAL AND PROCEDURAL BACKGROUND On August 23, 2006, a jury found Morris guilty of one count of first degree murder (Pen. Code, § 187, subd. (a))1 and three counts of attempted willful, deliberate and premeditated murder (§§ 664, 187, subd. (a)). In addition, it was determined a principal was armed with a firearm during the commission of each of the offenses (§ 12022, subd. (a)(1)). On September 21, 2006, Morris was sentenced to 25 years to life for the murder conviction, plus one year for the allegation a principal was armed with a firearm, and a consecutive term of life with the possibility of parole, plus one year for the armed enhancement for one of the attempted murders. For the two remaining convictions of attempted murder, the trial court imposed concurrent terms of life with the possibility of parole, plus one year for the armed enhancements. In addition to the time in prison, the trial court imposed a $10,000 restitution fine (§ 1202.4, subd. (b)) and a suspended $10,000 parole revocation restitution fine (§ 1202.45). Morris apparently did not object to the imposition of the fines at sentencing. On appeal, Morris claimed the trial court committed instructional error, he received ineffective assistance of counsel and, when considered cumulatively, the errors were prejudicial. This court rejected Morris’s arguments and the judgment was affirmed. (People v. Morris (Feb. 21, 2008, B194027, B195547) [nonpub. opn.].) No mention was made of the restitution fine.