People v. Ybarra CA3
Opinion
Opinion
BACKGROUND
In 1993, defendant was convicted by jury of assault with a deadly weapon while confined in a state prison (Pen. Code, § 4501)1 and possession of a sharp instrument while confined in a state prison (§ 4502). The jury also found defendant was previously convicted of a serious felony offense within the meaning of section 667, subdivision (a). The trial court sentenced defendant to serve an aggregate determinate term of nine years in state prison and imposed other orders, including an order to pay a restitution fine in the amount of $1,800. Defendant did not challenge imposition of this fine at the sentencing hearing and did not appeal from the judgment. In 2013, defendant filed a motion in the trial court titled, “Motion for Restitution Hearing for Reconsideration of Ability to Pay and Constitutionality of Excessive Fines.” The motion requested a hearing to allow the trial court to reconsider the restitution fine, asserting the trial court “failed to consider [his] ability to pay, as well as the prohibition against excessive fines, when it imposed the restitution fine” in 1993. The trial court denied the motion. Defendant appeals.