People v. Molina CA2/4

INTRODUCTION

Appellant Erik Molina filed a post-judgment motion in the trial court seeking to vacate the restitution fines imposed, asserting that the court failed to consider his ability to pay them. The trial court denied appellant’s motion, and he timely appealed. His court-appointed counsel filed an opening brief raising no issues and invoking People v. Serrano (2012) 211 Cal.App.4th 496 (Serrano). Appellant filed a supplemental brief. Following Serrano, supra, 211 Cal.App.4th at p. 503, we consider only the issues raised by appellant in his supplemental brief. We conclude that appellant has not established reversible error and therefore affirm.

BACKGROUND

In 2013, a jury convicted appellant of one count of second degree murder (Pen. Code, § 187, subd. (a), count one)1 and one count of manslaughter (§ 192, subd. (a), count two). The jury acquitted appellant of a third count of attempted murder (§§ 664, 187, subd. (a), count three). The jury found true the allegations that appellant personally and intentionally discharged a firearm which proximately caused great bodily injury and death (§ 12022.5, subd. (d), count one), and that he committed the manslaughter to benefit a…