People v. Laws CA2/4

California Court of Appeal Nov 18, 2020 No. B305780Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court held that an order denying a motion to vacate or modify a restitution fine after a judgment has become final and the defendant has begun serving their sentence is nonappealable, requiring dismissal of the appeal.

Issues

Whether a trial court has jurisdiction to modify a restitution fine after a judgment of conviction has become final and the defendant has begun serving their sentence.
Whether an order denying a motion to vacate or modify a restitution fine is appealable.

Disposition. dismissed

Quotations verified verbatim against the opinion

“If the trial court does not have jurisdiction to rule on a motion to vacate or modify a sentence, an order denying such a motion is nonappealable, and any appeal from such an order must be dismissed.”

“The trial court lacked jurisdiction to rule on Laws’ motion and this appeal from denial of that motion must be dismissed.”

Filed 11/18/20 P. v. Laws CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B305780 (Los Angeles County Plaintiff and Respondent, Super. Ct. No. KA008785)

BRIAN KEITH LAWS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Stacy Wiese, Judge. Dismissed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Brian Keith Laws appeals from the denial of the most recent of several motions to vacate or stay a restitution order imposed when he was sentenced in 1993. Here, as before, he has filed an appeal from a nonappealable order denying such relief, and we dismiss the appeal.

FACTUAL AND PROCEDURAL SUMMARY In 1993, Laws was convicted of first degree murder (Pen. Code, § 187, subd. (a)),1 second degree robbery (§ 211) and special allegations were found true regarding his use of a firearm as to both counts (§ 12022.5, subd. (a)). He was sentenced to life in prison without possibility of parole, plus four years. The trial court also ordered Laws to pay a restitution fine of $7,500, pursuant to former Government Code section 13967. We affirmed Laws’ conviction. (People v. Laws (June 30, 1994, B075311) [nonpub. opn.].) In 2009, Laws filed a request in pro. per. seeking relief from paying restitution. That request was denied. (See People v. Laws (April 14, 2014, B249705) [nonpub. opn.] 2014 WL 1455183.) In 2013, Laws appealed after unsuccessfully moving to strike the $7,500 restitution fine, or to reduce it to the minimum amount of $200 arguing, among other things, that a defendant’s inability to pay may constitute compelling circumstances for waiver of a restitution fine. We appointed counsel who filed an appellate brief raising no issues and asked this court independently to review the record on appeal. (People v. Wende

People v. Laws CA2/4

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

BRIAN KEITH LAWS,

More from California Court of Appeal

Related research

MANELLA, P. J.

COLLINS, J.

AI Brief