People v. Jinkins
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The Court of Appeal dismissed defendant's appeal of the trial court's order denying his motion to modify a $5,100 restitution fine imposed pursuant to Penal Code section 1202.4, subdivision (b)(1). Defendant argued that the trial court's denial of his motion to modify the restitution fine is an appealable order because it is an "order made after judgment affecting the substantial rights of a party" under section 1237.2.
The court held that defendant's motion requesting that the trial court reduce the restitution fine is a nonappealable order. Whether viewed as a due process claim under People v. Dueñas (2019) 30 Cal.App.5th 1157, (as the trial court saw it) or as a statutory claim (as it appears to this court), defendant's contention is based on factual arguments concerning his ability to pay, and does not fall within the exception carved out for unauthorized sentences. Therefore, the trial court lacked discretion to review the motion.
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