P. v. Jones CA2/3
Derrick Devon Jones appeals from an order denying his petition to vacate a restitution fine of $2,000 imposed under Penal Code section 1202.4, subdivision (b). We affirm.
On February 21, 2003, Jones pleaded nolo contendere to a count of second degree robbery. He admitted the personal use of a firearm (§ 12022.5, subd. (a)) and to being armed with a firearm (§ 12022, subd. (a)(1)). He was sentenced to 10 years in prison. The court also imposed a restitution fine of $2,000 under section 1202.4, subdivision (b). The court imposed but stayed a parole revocation restitution fine of $2,000 under section 1202.45.
On August 11, 2021, Jones filed a petition in the superior court to vacate the restitution fine assessed under section 1202.4, subdivision (b). Jones relied on Assembly Bill No. 1869 as authority for his petition. The court denied the petition on the ground that Assembly Bill No. 1869 did not apply to restitution fines imposed under section 1202.4, subdivision (b).
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