People v. James CA2/4

Filed 1/14/15 P. v. James CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B254826

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA115617) v.

JAWAD LATIF JAMES,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Laura F. Priver, Judge. Affirmed. Jonathan B. Steiner and Jill Ishida, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent

Sixteen years after the unsuccessful appeal of his first degree murder conviction, appellant Jawad Latif James filed a “Motion for Modification of Sentence Pursuant to Penal Code § 1202.4(b),” challenging the $10,000 restitution fine imposed upon him in 1997. The trial court denied James’ motion, and he timely appealed. His court-appointed counsel filed an opening brief raising no issues. (See People v. Wende (1979) 25 Cal.3d 436, 441 (Wende).) Following People v. Serrano (2012) 211 Cal.App.4th 496, 503, review den. Mar. 13, 2013 (Serrano), we conclude that “[w]here a defendant has been afforded all the constitutional protections of a first appeal of right, including the right to Wende review where appropriate, . . . he is not entitled to Anders [v. California (1967) 386 U.S. 738]/Wende procedures, including collateral attacks on the judgment.” Nonetheless, because James has filed a supplemental brief with this court, we address the issues he raises. We find that the trial court did not err, and we affirm. FACTUAL AND PROCEDURAL BACKGROUND In January 1997, James was convicted of first degree murder during the attempted commission of a robbery (Pen. Code, §§ 187, & 190.2, subd. (a)(17); count 1),1 attempted robbery (§§ 664/211; count 2), and assault with a firearm (§245, subd. (a)(2); count 3), during which offenses a principal was armed with a firearm (§ 12022, subd. (a)(1)). He was sentenced to prison for life without the possibility of parole on count 1, plus a three- year middle term on count 3, and one year each for the principal armed enhancement on count 1 and count 3. The court also imposed a $10,000 restitution fine pursuant to section 1202.4. James did not make any objection to the fine at his sentencing hearing. James appealed his judgment of conviction, and in December 1997 this court affirmed. James also filed a petition for rehearing, which this court denied. James then petitioned the California Supreme Court for review, and in April 1998 the Court denied James’ petition. On December 23, 2013, James filed a motion to modify his sentence, seeking to reduce his restitution fine. James contended that the trial court erred in imposing the