People v. Costello CA1/2

FACTS AND PROCEEDINGS BELOW

On February 22, 2010, pursuant to a plea bargain, appellant entered a no contest plea to a single count of burglary (Pen. Code, § 459)1 and admitted one prior conviction

1 All subsequent statutory references are to the Penal Code.

1 within the meaning of the Three Strikes Law (§§ 667, subd. (e), 1170.12, subd. (c)). Consistent with the plea bargain, appellant was on March 15, 2010, sentenced to state prison for 12 years.2 The court also imposed a restitution fine in the amount of $2,400 (§ 1202.4, subd. (b)) and suspended imposition of a parole revocation restitution fine (§ 1202.45) also in the amount of $2,400. More than three years later, on June 10, 2014, appellant filed a pro. per. motion seeking reconsideration of his ability to pay the $2,400 restitution fine. In a declaration and memorandum of points and authorities, appellant claimed the sentencing court erroneously failed to conduct a restitution hearing and he was now “completely unable to satisfy the court’s restitution order.” In his declaration, appellant explained that “[p]rior to having been re-classified due to my medical restrictions,[3] I was working in the institution where I…