skip to Main Content
Name: People v. Mendez
Case #: H037967
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 09/05/2012

A motion to reduce a restitution fine which was denied because the court lacked jurisdiction is not reviewable on appeal. Pursuant to a negotiated plea agreement, Mendez pleaded no contest to drug and gang offenses and admitted a prior strike in exchange for a nine-year sentence. He was sentenced according to the terms of the plea agreement. Over three years later, he filed a motion to reduce a restitution fine because he did not have the ability to pay. The court denied his motion as untimely because the court lacked jurisdiction to resentence him more than three years after the execution of sentence had begun. Mendez filed a notice of appeal from the denial of his motion for modification. His appointed counsel filed an opening brief pursuant to People v. Wende (1979) 25 Cal.3d 436. The appellate court dismissed the appeal since the order appealed from was not appealable.