P. v. Valles CA2/6
Oscar Hernandez Valles appeals from the trial court’s postjudgment order denying his petition to strike the restitution fine imposed as part of the judgment. We dismiss.
In 2017, a jury convicted Valles of second degree murder (Pen. Code, §§ 187, subd. (a), 189), and found true an allegation that he used a deadly weapon to commit his crime (§ 12022, subd. (b)(1)). (People v. Valles (Dec. 20, 2018, B284705) [nonpub. opn.] [2018 WL 6695881 at p. *1].) The trial court sentenced him to 15 years to life in state prison plus one year. (Ibid.) The court ordered also ordered Valles to pay a $10,000 restitution fine. (§ 1202.4, subd. (b).) We affirmed the judgment on appeal. (People v. Valles, supra, B284705 [2018 WL 6695881 at p. *4.)
In 2021, Valles petitioned the trial court to strike the restitution fine from the judgment. He argued the fine is no longer valid pursuant to Assembly Bill No. 1869 (2019-2020 Reg. Sess.). The trial court summarily denied Valles’s petition.
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