People v. Tejada CA6

Filed 9/25/24 P. v. Tejada CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H051238

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. F1766955)

v.

MILTON WUESHTERBERG TEJADA,

Defendant and Appellant.

Defendant Milton Wueshterberg Tejada appeals from the court’s denial of his petition to vacate various fines and fees pursuant to Penal Code section 1202.41 and resentence him pursuant to former section 1170, subdivision (d)(1)2, and section 1170.91, subdivision (b). For the reasons stated below, we affirm the order.

I. PROCEDURAL BACKGROUND3

On March 15, 2018, a jury convicted Tejada of sexual penetration by force or violence (§ 289, subd. (a)(1); count 1), two counts of sexual battery (§§ 242, 243.4,…