The People v. Castro CA6

Filed 8/29/13 P. v. Castro 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H039014

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. SS062153)

v.

ALAN CASTRO,

Defendant and Appellant.

In 2007, defendant Alan Castro was convicted of assault with a deadly weapon with enhancements for infliction of great bodily injury and gang participation. (Pen. Code, §§ 245, subd. (a)(1); 12022.7, subd. (a)); 186.22, subd. (b)(1).) As part of the judgment, the trial court ordered defendant to pay $2400 in restitution pursuant to Penal Code section 1202.4, subdivision (b). On August 23, 2012, appellant filed a motion to modify the amount of the restitution fine. The trial court denied the motion. Defendant filed…