Opinion
2d Crim. No. B302759
07-15-2020
THE PEOPLE, Plaintiff and Respondent, v. FRANCISCO RAMIREZ LOPEZ, JR., Defendant and Appellant.
Scott H. Bentley, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. 2018018415)
(Ventura County)
In October 2018, Francisco Ramirez Lopez, Jr., pled guilty to assault with a semiautomatic firearm (Pen. Code, § 245, subd. (b)), and admitted an allegation that he personally used a firearm during the commission of his crime (§ 12022.5, subd. (a)(1)). At a hearing the following month, the trial court sentenced Lopez to six years in state prison, and ordered him to pay a $300 restitution fine (§ 1202.4) and a criminal justice administrative fee of $534.48 (Gov. Code, § 29550 et seq.). The court found that Lopez lacked the ability to pay a probation investigation fee (§ 1203.1b), and did not impose it. Lopez did not object to the imposition of the restitution fine or administrative fee, and did not appeal from the judgment.
Undesignated statutory references are to the Penal Code. --------
In October 2019, Lopez requested that the trial court modify his sentence by striking the restitution fine. (See People v. Dueñas (2019) 30 Cal.App.5th 1157.) The court denied Lopez's request.
We appointed counsel to represent Lopez in his appeal from the denial of his sentence modification request. After counsel examined the record, he filed an opening brief that raises no arguable issues. On February 24, 2020, we advised Lopez by mail that he had 30 days within which to submit any contentions or issues he wished us to consider. We have not received a response.
We have reviewed the entire record and are satisfied that Lopez's attorney fully complied with his responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
TANGEMAN, J. We concur:
GILBERT, P. J.
YEGAN, J.
Bruce A. Young, Judge
Superior Court County of Ventura
Scott H. Bentley, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.