P. v. Ayala CA5
The charges in this case arose from multiple sexual offenses allegedly committed by defendant Jose Ayala between 2010 and 2012 against a victim under the age of 14 years. This appeal follows defendant’s conviction on one count by plea and sentencing. As discussed herein, defendant’s appeal is dismissed in part as barred by his waiver of appellate rights and in part because the postappeal fines and fees order he challenges was entered in the absence of jurisdiction, rendering it unappealable. As to the remaining issues, we strike the unauthorized fine of $1,000 imposed under Penal Code section 294, subdivision (b), and we remand the matter for further proceedings in light of the trial court’s failure to impose the mandatory penalty assessments attached to the $300 fine under section 290.3, subdivision (a).
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