People v. Tellez CA2/7

Filed 5/10/21 P. v. Tellez CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B306365

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA442143) v.

PEDRO HECHAVARRIA TELLEZ,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, James R. Dabney, Judge. Dismissed. Janet Gusdorff, 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, Senior Assistant Attorney General, Michael R. Johnsen, Supervising Deputy Attorney General, and Yun K. Lee, Deputy Attorney General for Plaintiff and Respondent. ___________________________________________

INTRODUCTION

Pedro Hechavarria Tellez appeals from a postjudgment order denying his motion to vacate the restitution fine and (stayed) parole revocation fine imposed when the court originally sentenced him. Because the trial court lacked jurisdiction to hear Tellez’s motion, and Tellez did not challenge the imposition of these fines in his prior appeal, we dismiss this appeal.

FACTUAL AND PROCEDURAL BACKGROUND

A. Tellez Appeals His Murder Conviction On December 11, 2018 a jury found Tellez guilty of second degree murder (Pen. Code, § 187, subd. (a)),1 and on January 14, 2019 the trial court sentenced him to a prison term of 15 years to life, plus two one-year enhancements for having served two prior prison terms (§ 667.5, subd. (b)). The trial court also ordered Tellez to pay various fines and assessments, including a $5,000 restitution fine (§ 1202.4, subd. (b)), and imposed and stayed execution of a $5,000 parole revocation fine (§ 1202.45). In imposing these fines, the trial court stated, “He’s healthy enough to work, and he’ll be there for a while; so I’ll find [he has the] ability to pay.” Tellez filed a notice of appeal on January 30, 2019 and an opening brief on December 2, 2019. In his opening brief Tellez argued the trial court erred in inadvertently failing to give the jury written copies of CALCRIM Nos. 358 and 359. Tellez also argued the trial court erred in imposing the two one-year