People v. Poplin CA3

Filed 6/16/22 P. v. Poplin CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C094541

Plaintiff and Respondent, (Super. Ct. No. 07F00063)

v.

DANNY POPLIN,

Defendant and Appellant.

Appointed counsel for defendant Danny Poplin asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Having concluded defendant has appealed from a nonappealable order, we will dismiss the appeal. (People v. Fuimaono (2019) 32 Cal.App.5th 132, 134- 135 (Fuimaono).)

1

PROCEDURAL BACKGROUND Following a jury trial, defendant was convicted of first degree murder of a fetus (Pen. Code, § 187, subd. (a)),1 infliction of corporal injury on the mother of his child (§ 273.5), and assault with a deadly weapon (§ 245, subd. (a)(1)). In addition, the jury found true that defendant personally used a knife in the commission of each count (§ 12022, subd. (b)(1)), personally inflicted great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (e)), and personally inflicted injury resulting in the termination of a pregnancy as to both the domestic violence and assault with a deadly weapon counts (§ 12022.9, subd. (a)). (People v. Poplin (Feb. 16, 2012, C064754) [nonpub. opn.].)2 In 2010, the trial court sentenced defendant to state prison for a determinate term of 13 years, plus an indeterminate term of 50 years to life. The trial court also imposed a $200 restitution fine (§ 1202.4), $60 court security fee (§ 1465.8), $90 court facility fee (Gov. Code, § 70373), $213.37 main jail booking fee (Gov. Code, § 29550.2), and a main jail classification fee of $23.50 (Gov. Code, § 29550.2). The court also ordered defendant to pay $5,161 in direct victim restitution. We affirmed the judgment in 2012. In July 2021, defendant filed a motion to strike or modify the restitution, fees, or fines, requesting the court either strike his $5,361 restitution order or reduce it to $200. The trial court denied the motion the same day. On July 26, 2021, defendant filed a notice of appeal, appealing the denial of this motion. In December 2021, appellate counsel sent a section 1237.2 letter to the trial court requesting a modification of the fines and fees and the striking of the booking and classification fees pursuant to Assembly Bill No. 1869 (2019-2020 Reg. Sess.). On