People v. Saidy-Powell CA2/3

Filed 2/25/21 P. v. Saidy-Powell CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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(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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

THE PEOPLE, B301649

Plaintiff and Respondent, Los Angeles County Super. Ct. No. MA060557 v.

LARHEA SHAVONNE SAIDY-POWELL,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Kathleen Blanchard, Judge. Dismissed.

Christopher Love, 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, Scott A. Taryle and Lindsay Boyd, Deputy Attorneys General, for Plaintiff and Respondent. _________________________

Larhea Shavonne Saidy-Powell appeals from the trial court’s order denying her “motion to strike or stay” a restitution fine of $300 imposed under Penal Code section 1202.4, subdivision (b)(1)1 as well as $70 in court assessments. We conclude the order in question is nonappealable. We therefore dismiss the appeal. FACTS AND PROCEDURAL BACKGROUND This is the second appeal in this case. In 2013 the People charged Saidy-Powell with forgery. She bench-warranted at arraignment and was arrested nearly three years later. When brought to court, Saidy-Powell reached a plea agreement with the People for probation. She was released from custody and ordered to return for sentencing about three weeks later. Saidy-Powell did not return and another bench warrant issued. She was arrested on this second warrant about three years later. (People v. Saidy-Powell (July 1, 2020, B296611) [nonpub. opn.] (Saidy-Powell I).) The trial court sentenced Saidy-Powell on January 25, 2019. The court denied probation and imposed the midterm of two years. The court ordered Saidy-Powell to pay a restitution fine of $300, a court operations assessment of $40, and a conviction assessment of $30. Saidy-Powell did not object to the fine and assessments, assert any inability to pay them, or request a hearing on her ability to pay. Saidy-Powell appealed from the January 2019 sentence. In her opening brief, filed on September 12, 2019, Saidy-Powell contended she should have been granted pretrial mental health diversion under section 1001.36 and her counsel was ineffective