P. v. Salcido
Filed 2/16/06 P. v. Salcido CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH APPELLATE DISTRICT
THE PEOPLE, Plaintiff and Respondent, v. MARTIN SEANZ SALCIDO, Defendant and Appellant. | H028802 (Monterey County Super. Ct. No. SS990266) |
After we affirmed a murder conviction against defendant Martin Seanz Salcido, defendant filed a motion to modify his sentence that challenged imposition of a $10,000 restitution fund fine. He argued that the fine should be reduced to $200. The clerk took no action on the motion after concluding that the trial court had no jurisdiction. On appeal from the implicit dismissal order, defendant contends that the motion presented legal questions that required a judge's determination. The People concede the point. We agree that the concession is appropriate. (People v. Superior Court (Laff) (2001) 25 Cal.4th 703, 721 [â€