P.

INTRODUCTION

On May 5, 1999, in addition to a sentence of 40 years in state prison, defendant

and appellant Rodney Michael Cielto was ordered to pay a restitution fine of $5,000

under Penal Code1 section 1202.4. On February 24, 2012, defendant, in pro. per., filed a

motion for reduction of the restitution fine under section 1202.4, subdivision (f).

Defendant requested that his fine be reduced to $200 because of his inability to pay. On

March 16, 2012, the trial court denied defendant’s motion.

On April 4, 2012, defendant filed a timely notice of appeal from the denial of his

motion.

STATEMENT OF FACTS

This appeal solely pertains to defendant’s motion to reduce his restitution fine, not

the underlying conviction. We granted defendant’s motion to augment the record to

include the transcripts of the 1999 sentencing hearing. The reporter’s notes of the

hearing, however, have been destroyed. Thus, no transcript was available.

In the motion for reduction, defendant essentially argued that he was unable to pay

the $5,000 fine. The trial court denied the motion.

All further statutory references are to the Penal Code unless otherwise indicated.

ANALYSIS

After…