People v. Westine CA4/2

California Court of Appeal Dec 23, 2015 No. E061992Unpublished

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Holding. The trial court erred in denying the defendant's petition to modify or vacate attorney fees as untimely without conducting an inquiry into whether there had been a change in the defendant's ability to pay.

Issues

Whether the trial court erred in denying a petition to modify or vacate attorney fees on the grounds of untimeliness under Penal Code section 987.8, subdivision (h).

Disposition. Reversed and remanded.

Quotations verified verbatim against the opinion

“[A]t any time during the pendency of the judgment rendered according to the terms of this section, a defendant against whom a judgment has been rendered may petition the rendering court to modify or vacate its previous judgment”

“we find that the trial court erred in denying defendant’s petition without an inquiry as to potential changed circumstances.”

Filed 12/23/15 P. v. Westine CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, E061992

v. (Super.Ct.No. RIF10001271)

CARLOS CALVIN WESTINE, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Becky Dugan, Judge.

Reversed.

Cynthia M. Jones, under appointment by the Court of Appeal, for Defendant and

Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney

General, Julie L. Garland, Assistant Attorney General, Eric Swenson and Barry Carlton,

Deputy Attorneys General, for Plaintiff and Respondent.

FACTUAL AND PROCEDURAL HISTORY1

On July 15, 2010, defendant pled guilty to elder abuse under Penal Code section

368, subdivision (b)(1), and admitted two prison priors. The trial court granted defendant

probation, with credit for time served, so he would be released immediately. Moreover,

People v. Westine CA4/2

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

CARLOS CALVIN WESTINE, OPINION

FACTUAL AND PROCEDURAL HISTORY1

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DISCUSSION

DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

MILLER J.

CODRINGTON J.

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