People v. Nguyen CA1/2

BACKGROUND

In July 2004, a jury found Nguyen guilty of first degree murder involving the personal use of a deadly weapon (Pen. Code,1 §§ 187, subd. (a), 12022, subd. (b)(1)), and in August 2004, the court sentenced Nguyen to a total term of 26 years to life in state prison. The court imposed a “Restitution

1 Further statutory references are to the Penal Code.

1 Fine” of $7,500 pursuant to section 1202.4, subdivision (b), and ordered Nguyen to pay $7,500 to the Victim Compensation Board pursuant to section 1202.4, subdivision (f).2 In 2006, Division Two affirmed Nguyen’s conviction in a direct appeal where his “sole claim of error concern[ed] alleged error in the admission of certain evidence.” (People v. Nguyen (Mar. 6, 2006, A107996) [nonpub. opn.].) On August 18, 2023, Nguyen filed a “motion to vacate judgment of court-imposed costs (fines and restitution)” in the trial court, arguing the 2004 restitution fine and payment to the Victim Compensation Board are “now unenforceable and uncollectible” pursuant to section 1465.9. (Capitalization omitted.) In support of the motion, Nguyen submitted a copy of a July 2023 cashier’s check for $5,772.91, payable to the California…