Turrin

People v. Turrin

Good Law
176 Cal. App. 4th 1200·2009 Cal. App. LEXIS 1391·98 Cal. Rptr. 3d 471
Court of Appeal of CaliforniaAugust 20, 2009No. C059722California2,346 words

Opinion

lead Opinion

Sims, J.

*1203 Opinion

Defendant Adam James Turrin appeals from an order after judgment, denying his motion to modify restitution fines. Defendant’s motion was filed some 10 months after judgment was entered, when he was serving his sentence in state prison. We shall conclude that the trial court did not have jurisdiction to entertain the motion and that defendant’s appeal must be dismissed.

On September 21, 2007, the trial court imposed an aggregate state prison sentence of three years eight months for felony offenses occurring in 2006 and 2007 and ordered defendant to pay restitution fines (cases Nos. 06NCR03855 ($600), 07SCR03594 ($200) & 07NCR04587 ($200)) and parole revocation restitution fines in the same amounts, suspended unless parole is revoked (Pen. Code, §§ 1202.4, subd. (b), 1202.45; undesignated section references are to the Penal Code). The minute order of September 21, 2007, remands defendant to the custody of the sheriff “forthwith” and orders that he “be delivered to the reception center designated by the director of the California Department of Corrections.” The record does not reflect that defendant appealed from the sentence imposed.

Some 10 months later, on July…

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