P. v. Doung CA2/4
In August 2002, defendant and appellant Man Cooc Doung was convicted of second-degree murder. (Pen. Code, § 187, subd. (a).) In May 2003, the trial court sentenced Doung to a term of 15 years to life, and imposed a restitution fine of $10,000 under Penal Code section 1202.4, subdivision (b). In 2009 and 2010, the trial court denied Doung’s requests to modify the amount of restitution imposed. On June 9, 2021, Doung again filed a motion to modify his sentence, arguing the trial court improperly failed to consider that he had no ability to pay the restitution fine. The trial court denied the motion on several grounds, including: Doung failed to object to the fine at trial or in his original appeal; he had not challenged the fine in a timely manner; he had not established he could not pay the fine; and the court had no jurisdiction to modify the fine. Doung timely appealed.
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