People v. Randolph CA2/2

BACKGROUND

In 2004, defendant was convicted of second degree murder, assault with a semiautomatic firearm, and unlawful possession of a firearm. He was sentenced to life in prison with a minimum parole period of 80 years. In addition, defendant was ordered to pay a restitution fine of $750. In 2020, prior to filing the current petition, defendant filed a petition for writ of habeas corpus in the superior court, which the court construed as requesting that the amount of his restitution fine in superior court case No. MA027017 be reduced or discharged due to COVID-19.1 The court denied the habeas petition on August 28, 2020. In December 2021, defendant filed a “Petition for Clarification of Restitution Order,” which is the subject of this

As the habeas petition is not the subject of this appeal and has not been included in the appellate record, we are unaware of the allegations.

2 appeal. Defendant’s appointed counsel construes it as a request for clarification of the trial court’s denial of defendant’s petition for writ of habeas corpus; and as the denial of a habeas petition is not appealable, counsel asks this court to deem the current petition to be one for writ of…