People v. Diaz CA2/3

Filed 12/15/20 P. v. Diaz CA2/3

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(a). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115(a).

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B299918

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA387967 v.

DONIVAN DIAZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, George G. Lomeli, Judge. Affirmed. Karyn H. Bucur, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Roberta L. Davis and William H. Shin, Deputy Attorneys General, for Plaintiff and Respondent.

INTRODUCTION

In 2014, defendant Donivan Diaz was sentenced to life without the possibility of parole and ordered to pay a fee, an assessment, a fine, and victim restitution. We affirmed the judgment as modified in 2016. (People v. Diaz (Apr. 15, 2016, B258629 [nonpub. opn.] (Diaz I).) In this appeal, Diaz challenges the trial court’s May 2019 order denying his motion for modification of sentence pursuant to Penal Code1 section 1202.4, subdivision (f). Diaz contends that the court erred because it should have determined his ability to pay the fee, assessment, fine, and victim restitution awards imposed in 2014 during the sentencing hearing. We affirm.