People v. Brown CA2/7

Filed 9/27/21 P. v. Brown CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B312864

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA037315) v.

CHRISTOPHER ANTHONY BROWN,

Defendant and Appellant.

APPEAL from a postjudgment order of the Superior Court of Los Angeles County, Lisa Strassner, Comissioner. Affirmed. Richard B. Lennon, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

________________

Christopher Anthony Brown was convicted following a jury trial in 2014 of two counts of first degree murder with true findings on a multiple-murder special-circumstance allegation and firearm-use enhancements. He was sentenced to two consecutive indeterminate state prison terms of life without parole plus two consecutive terms of 25 years to life. In addition, at sentencing the court ordered Brown to pay direct victim restitution of $2,964 and imposed statutory fines, fees and assessments, including the maximum restitution fine of $10,000. We affirmed the convictions and sentence on appeal. (People v. Brown (March 8, 2016, B255316) [nonpub. opn.].) In April 2021 Brown, representing himself, filed a motion to vacate the fines, fees and assessments imposed at sentencing, purportedly pursuant to Penal Code section 1237.2,1 arguing the trial court had not considered his ability to pay the amounts imposed as required by this court’s decision in People v. Dueñas (2019) 30 Cal.App.5th 1157. The superior court denied the motion on May 4, 2021, explaining Brown had the opportunity