People v. Woods CA2/1

Filed 7/29/22 P. v. Woods CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B316628

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. NA037804) v.

ANDRE LAMONT WOODS,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Judith Levey Meyer, Judge. Affirmed. Jennifer Peabody, under appointment by the Court of Appeal; Andre Woods, in pro. per., for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________________________

In March 1999, after a jury found Andre Lamont Woods guilty of numerous sexual and other offenses, the trial court sentenced him to 82 years and four months to life in state prison. The court imposed a $10,000 restitution fine under Penal Code section 1202.4, subdivision (b).1 In February 2000, we affirmed the judgment, with directions to the trial court that are not germane to this appeal. (People v. Woods (Feb. 16, 2000, B130961 [nonpub. opn.].) In September 2021, Woods, as a self-represented litigant, filed a “Motion to Dismiss Restitution,” asserting the trial court should dismiss the $10,000 restitution fine “pursuant to the authority of newly enacted Assembly Bill 1869.” (Assem. Bill No. 1869 (2019-2020 Reg. Sess.) Stats. 2020, ch. 92.) On September 28, 2021, the trial court issued an order summarily denying the motion, stating “there is no need to conduct an ability to pay hearing at this time because Petitioner was sentenced to state prison in which Petitioner has the ability to earn prison wages.” Woods appealed, and this court appointed counsel for him. After examination of the record, counsel filed an opening brief stating she had found no arguable issues to raise on appeal and requesting that we follow the procedures set forth in People v. Serrano (2012) 211 Cal.App.4th 496 (Serrano). We sent a letter to Woods and his appointed counsel, advising Woods that within 30 days he could “submit a supplemental brief or letter stating any grounds for an appeal, or contentions, or arguments that [he] wishes this court to consider.” Woods filed a supplemental brief.