P. v. Davis CA1/1
Sixteen years after defendant La Choy Davis was convicted and sentenced to an aggregate prison term pursuant to a plea agreement, he brought a “petition” in propria persona seeking to “ ‘modify’ ” the $5,000 restitution fine (Pen. Code, § 1202.4, subd. (b)) and the $2,603.29 in victim restitution (§ 1202.4, subd. (f)) that were ordered at the time of sentencing, on the ground the trial court failed to make an ability to pay determination. He claimed that, in the absence of any such determination, his due process rights were violated, the restitution fine and victim restitution were unconstitutionally excessive, and he received ineffective assistance of counsel. The trial court denied the “petition” on the ground it lacked jurisdiction to consider the merits, and even if it did, defendant’s claims failed on the merits.
The Attorney General maintains we must dismiss the appeal for lack of appellate jurisdiction. We agree.
Restitution Fine
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