People v. Johnson CA2/4

BACKGROUND

In 1999, defendant was convicted of 18 felony offenses (e.g., §§ 187, subd. (a), 664/187, subd. (a), 591, 487, subd. (d), 459, 236, 664/215, subd. (a), 211, 12023; Veh. Code, § 10851, subd. (a)) and one misdemeanor offense (Veh. Code, § 10852) with various special circumstances (§ 190.2, subd. (a)(17)(G)) and sentence enhancements (e.g., §§ 12022, subd. (a)(1), 12022.5, subd. (a)(1)). He was sentenced to life without the possibility of parole plus 19 years and ordered to pay a $10,000 restitution fine under section 1202.4, subdivision (b). A different panel of this court affirmed the judgment. (See People v. Johnson (June 18, 2002, B137441) [nonpub. opn.].) On November 19, 2024, defendant filed a postjudgment motion to reconsider the amount of restitution imposed and requested a hearing on his ability to pay. The same day, the court found it lacked jurisdiction and denied the motion. Defendant appealed.

DISCUSSION

While this appeal was pending, the Legislature added the following provision to section 1465.9: “Upon the expiration of 10 years after the date of imposition of a restitution fine pursuant to

All unspecified references to statutes are either to the…