Alberto M. Bernal v. The People of the State of California
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
ALBERTO M. BERNAL, Case No. 8:21-cv-02016-DOC (GJS) Petitioner
ORDER: SUMMARILY
v. DISMISSING PETITION; AND
DENYING A CERTIFICATE OF
THE PEOPLE OF THE STATE OF APPEALABILITY CALIFORNIA, et al., 15 Respondents. 16 On December 6, 2021, Petitioner filed a 28 U.S.C. § 2254 habeas petition [Dkt. 1, “Petition”], a “Motion for Modification of Sentence Pursuant to Panel Code Section 1202.4(b), (f)” [Dkt. 3, “Motion”], and a motion for the appointment of counsel [Dkt. 2, “Counsel Motion”]. The Motion is duplicative of the two grounds for habeas relief alleged in the Petition, which attack the trial court’s imposition of restitution obligations. As alleged in the Petition and the Motion, when Petitioner was sentenced, the trial court imposed restitution fines totaling $16,538.59. Petitioner has appended to the Motion copies of the April 18, 2001 Abstract of Judgment that issued in his state criminal case, which show that the following two restitution fines were ordered: a…