P. v. Avalos CA2/6
Juan Rodriguez Avalos appeals from an order denying his motion to dismiss his restitution order pursuant to Assembly Bill (A.B.) 1869 (2019-2020 Reg. Sess.). For reasons we shall explain, we dismiss the appeal.
In 1999, appellant was convicted of two counts of residential robbery in concert with others (Pen. Code, §§ 211, 213, subd. (a)(1)(A)), attempted robbery (§§ 664/211), residential burglary (§459), rape in concert (§ 264.1) and kidnapping to commit robbery (§ 209, subd. (b)(1)). The jury also found true the firearm (§ 12022.5, subd. (a)(1)) and one “strike” allegations (§ 667.61, subds. (a), (b), (e)).
The trial court imposed a state prison sentence of 55 years to life and ordered appellant to pay a $10,000 restitution fine (§ 1202.4, subd. (b)) and a “fee” of $200 pursuant to section 290.3, subdivision (a).) On direct appeal, we affirmed the convictions with modifications to the sentence. (People v. Lopez et al. (Apr. 24, 2001, B138199) [nonpub. opn.].)
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