People v. Reese CA2/3

DISCUSSION

In a petition for writ of habeas corpus filed in the superior court on December 12, 2014, defendant contended that in light of recent Supreme Court opinions acknowledging a juvenile offender’s diminished criminal culpability, the court’s imposition of a $10,000 restitution fine as part of his 2005 first-degree murder sentence violated the Excessive Fines Clause of the Eighth Amendment. He also argued he was never afforded a hearing to evaluate his ability to pay the fine. The superior court denied defendant’s petition on December 19, 2014. On January 28, 2015, defendant filed a motion for monetary credit in lieu of presentence custody credit under section 2900.5. (§ 2900.5, subd. (a).) On January 29, 2015, the superior court denied the motion. On March 16, 2015, defendant filed a notice of appeal from the order denying his section 2900.5 motion. Though the notice of appeal does not mention the habeas petition, defendant’s letter brief asks this court to consider the Eighth Amendment issue raised in that petition. We therefore construe the notice of appeal as also encompassing the superior court’s December 19, 2014 denial of defendant’s most recent habeas

3 petition.…