P.

Filed 7/30/13 P. v. Tevaga 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H039008

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. 203458)

v.

DANNY TOATELE TEVAGA,

Defendant and Appellant.

Danny Toatele Tevaga was sentenced to 25 years to life on March 9, 2000. The court imposed a $10,000 restitution fine as part of that sentence. On October 2, 2012, Tevaga filed a motion for modification of his restitution fine. He argued the trial court erred in imposing the maximum restitution fine without considering his ability to pay. On October 12, 2012, the superior court denied the motion on the basis that a defendant’s ability to pay the fine is not a relevant consideration in setting the amount of…