Mendez

Pursuant to a negotiated disposition, on February 26, 2008, defendant Damien Mendez pleaded no contest to conspiracy to commit a crime, specifically to sell methamphetamine (Pen. Code, § 182, subd. (a)(1); Health & Saf. Code, § 11379 (count one)), and active participation in a criminal street gang (Pen. Code, § 186.22, subd. (a) (count two)). Defendant admitted that he had a prior strike within the meaning of Penal Code sections 667, subdivisions (b)-(i) and 1170.12. In exchange for his no contest pleas defendant was promised a nine-year state prison sentence.

On September 18, 2008, the court sentenced defendant pursuant to the terms of the negotiated disposition.

Thereafter, on January 9, 2012, defendant filed a “motion” to reduce a restitution fine to the “minimum amount provided by law.” Defendant argued that he did not have the ability to pay the fine.

On February 1, 2012, the superior court entered an order denying defendant’s motion as untimely because the court lacked jurisdiction to resentence defendant more than three years after execution of sentence had begun.

Defendant filed a notice of appeal on February 17, 2012. In the notice of appeal defendant…