People v. Wade CA2/1

Filed 8/27/20 P. v. Wade CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B305363

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. LA053458) v.

MURCHANT JERALD WADE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Martin L. Herscovitz, Judge. Appeal dismissed. Richard B. Lennon, under appointment by the Court of Appeal; and Murchant Jerald Wade, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent.

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In 2008, a jury convicted Murchant Jerald Wade of three counts of assault with a semiautomatic firearm (Pen. Code,1 §§ 245, subd. (b)), discharging a firearm in a grossly negligent manner (§ 246.3), being a felon in possession of a firearm (former § 12021, subd. (a)(1)),2 and receiving stolen property (§ 496, subd. (b)). The jury also found true certain enhancement allegations. (§§ 12022.5, subd. (a), 667, subd. (a).) The court sentenced Wade to 22 years 4 months in prison. The court also imposed a $120 court security assessment (§ 1465.8, subd. (a)(1)), and a $4,200 restitution fine (§ 1202.4, subd. (b)), and imposed and stayed a $4,200 parole restitution fine (§ 1202.45). The court further ordered Wade to pay $1,800 in victim restitution. (§ 1202.4, subd. (f).) We affirmed the judgment in September 2009. (People v. Wade (Sept. 24, 2009, B208144) [nonpub. opn.].) On January 22, 2020, Wade filed a motion in the superior court challenging the fines and assessments based on People v. Dueñas (2019) 30 Cal.App.5th 1157. In particular, Wade requested that the court vacate, set aside, or stay the assessments and fines unless and until the People prove that he has the ability to pay them. On January 24, 2019, the trial court denied the motion. Wade filed a timely notice of appeal. We appointed appellate counsel for Wade, who filed a brief setting forth the pertinent procedural history and a summary of relevant facts, and raising no issues on appeal. Counsel requests