People v. Pelayo CA2/2

BACKGROUND

In 1999, Pelayo was convicted by a jury of murder (§§ 187, subd. (a)) with personal use of a firearm (§ 12022.5, subd. (a)). On November 3, 1999, the trial court sentenced Pelayo to state prison for 25 years to life and imposed a $5,000 restitution fine pursuant to section 1202.4, subdivision (b). On direct appeal from the judgment, this court affirmed the conviction and sentence. (People v. Pelayo (Oct. 4, 2000, B137409) [nonpub. opn.].) The California Supreme Court denied review on December 20, 2000, and this court issued the remittitur in the case on January 4, 2001. On September 19, 2005, this court denied Peyalo’s petition for writ of habeas corpus in case No. B185594. In two subsequent appeals, we affirmed the denial of Pelayo’s postjudgment motion to strike the firearm enhancement (People v. Pelayo (Nov. 21, 2018, B290919) [nonpub. opn.]), and affirmed the summary denial of Pelayo’s petition for resentencing under section 1172.6 (former § 1170.95)2 (People v. Pelayo (Nov. 12, 2020, B303425 [nonpub. opn.]). On December 13, 2021, Pelayo filed a “Motion to Stay Execution of Restitution Fines” imposed under section 1202.4 on the ground that the restitution fine was…