People v. Miller CA3

BACKGROUND

A jury found defendant guilty of first degree murder and unlawful firearm activity in 2012 and found true the allegation that defendant personally discharged a firearm causing death. The probation report indicated that, at some time before the murder,

1 defendant had earned $500,000 per year. Defendant’s counsel objected to a number of sections of the probation report, which the trial court struck, but did not dispute the accuracy of defendant’s income or contend defendant lacked the ability to pay fines or fees. The trial court sentenced defendant to 53 years to life in state prison. The court imposed a $10,000 restitution fine pursuant to Penal Code section 1202.4, subdivision (b)1 and imposed and suspended a $10,000 parole revocation restitution fine, pursuant to section 1202.45. Defendant appealed, but did not challenge the restitution fine on appeal. (People v. Miller (Aug. 21, 2014, C071677) [nonpub. opn.] [2014 Cal. App. Unpub. LEXIS 5924].) This court affirmed the judgment. (Ibid.) In 2023, defendant filed a motion asking the trial court to vacate the $10,000 restitution fine. Defendant argued that Assembly Bill No. 1869 (2019-2020 Reg. Sess.) (Assembly Bill…