People v. Grant CA2/7

Filed 9/1/20 P. v. Grant CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SEVEN

THE PEOPLE, B302276

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA070099) v.

DEJUAN TERRANCE GRANT,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Shannon Knight, Judge. Appeal dismissed. Laini Millar Melnick, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _________________

Dejuan Terrance Grant appeals from an order denying his postjudgment motion to reduce the restitution and parole revocation fines imposed in his case. Because the superior court lacked jurisdiction to hear Grant’s motion, its order denying that motion is not appealable. Accordingly, we dismiss the appeal. FACTUAL AND PROCEDURAL BACKGROUND In a negotiated agreement Grant pleaded no contest in May 2018 to one count of carjacking and three counts of second degree robbery and admitted firearm use and criminal street gang enhancement allegations. The trial court sentenced Grant to an aggregate state prison term of 33 years. On September 10, 2019 Grant moved to modify his sentence, challenging the court’s order he pay a restitution fine of $9,900 (Pen. Code, § 1202.4, subd. (b)) and an imposed but stayed parole revocation fine of $9,900 (Pen. Code, § 1202.45), arguing the court had failed to consider his ability to pay the fines and he is entitled to an ability-to-pay hearing pursuant to this court’s decision in People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). The superior court denied Grant’s motion, ruling it lacked jurisdiction to modify the fines imposed at the time of Grant’s sentencing, citing People v. Turrin (2009) 176 Cal.App.4th 1200. Grant filed a timely notice of appeal.