Opinion
2d Crim. No. B301666
07-16-2020
THE PEOPLE, Plaintiff and Respondent, v. BENNY MENDEZ LOPEZ, Defendant and Appellant.
Richard B. Lennon and Suzan E. Hier, 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. CR47771C)
(Ventura County)
Benny Mendez Lopez moved to modify his sentence imposing a $10,000 restitution fine pursuant to Penal Code section 1202.4. Lopez made the motion on the ground that the trial court failed to find that he had the ability to pay. He argued that the fine should be reduced to the minimum $200 and that he be given credit for the $62 the prison has collected from him.
The trial court denied the motion, finding that the fine could be paid from prison wages (citing People v. Frye (1994) 21 Cal.App.4th 1483, 1487); that Lopez waived his right to contest the fine by not objecting at the time it was imposed; and that the fine was authorized as being within the statutory range.
Lopez appealed.
We appointed counsel to represent Lopez in this appeal. After examining the record, she filed a brief raising no issues.
On February 18, 2020, we advised Lopez by mail that he had 30 days within which to personally submit any contentions or issues that he wished to raise on appeal. We received no reply.
We have reviewed the entire record and are satisfied that Lopez's attorney has fully complied with her responsibilities and that no arguable issue exists. (People v. Wende (1979) 25 Cal.3d 436, 441.)
The judgment is affirmed.
NOT TO BE PUBLISHED.
GILBERT, P. J. We concur:
YEGAN, J.
PERREN, J.
Bruce A. Young, Judge
Superior Court County of Ventura
Richard B. Lennon and Suzan E. Hier, under appointment by the Court of Appeal, for Defendant and Appellant.
No appearance for Plaintiff and Respondent.