Filed 6/20/22 P. v. Avalos CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinio n has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE,

Plaintiff and Respondent,

v.

JUAN ROD R IGUEZ AVALOS

,

Defendant and Appellant. 2d Crim. No. B 316891 (Super. Ct. No. BA173560

- 03 ) ( Los Angeles County)

Juan Rodriguez Avalos appeals from an order denying his
motion to dismiss his restitution order pursuant to Assembly Bill (A

. B

. ) 1869 ( 201 9

- 2020 R eg . Sess.)

. For reasons we shall e xplain,

we dismiss t h e ap peal

. In 1999, appellant was convicted of two counts of residential robbery in concert with others (Pen. Code, §§ 211, 213, subd. (a)(1)(A)), 1 attempted robbery ( §§ 664/211), resident ial burglar y ( §459), rape in concert ( § 264.1) and kidnap p ing to

1 All statutory references are to the P enal Code

.2

commit robbery ( § 20 9, subd. (b)(1) ). The jury also found tru e the
firearm ( § 12022.5, subd. (a)(1)) and one “strike” allegations ( § 667.61, subd s . (a), (b), (e))

. The trial court imposed a state prison sentence of 55 years
to life and ordered appellant to pay a $10,000 restitution fine ( § 1202.4 , subd. (b) ) and a “fee” of $200 pursuant to section 290.3, subdivision (a).) On direct appeal , we affirme d the convic tions
with mo difications to t he sentence. ( People v. Lopez et al. (Apr. 24, 2001, B138199 ) [nonpub. opn. ].) Appellant filed an in pro. per. motion to dismiss the restitution fine pursuant to A.B. 1869 , whi ch went into effect on January 1, 2021. The trial court summ arily denied the motion,
noti ng th at A.B. 1869 does not apply to r estitution fines imposed
under sec tion 1202.4, subdivision (b)

. Appellant file d a timely notice of appeal. 2 We appointed counsel to represent appellant in this appeal

. Aft er an examination of the recor d, couns e l fi led an opening brief
which raises no arguable issues. We advised appellant he had 30 days within which to personally submit any contentions or issues
that he wished us to consider. He subsequently filed a two

- pa ge handwritten supp lemental br ief.
Becau se this is an appeal from an order denying
post conviction re lief, appellant is not entitled to our independent review pursuant to People v. Wende (1979) 25 Cal.3d 436. ( People

2 The trial court c o uld not locate a copy of appellant ’ s motion to include in the record on app e al. Appellant ’ s appoint ed counsel also was unable to locate the document in th e court fil e or to obtain a copy from ap pellant. Nonetheless, the content of the

m otion is apparent from the court ’ s description of the motion in its order

.3

v. Serrano (2012) 211 Cal.App.4th 496, 501; People v. Cole (2020)
52 Cal. A pp.5t h 1023, 1039

- 1040, review granted Oc t. 14, 2020, S264278.) We do, however, consider the issues raised in appellant’s supplemental brief. ( Cole, at p. 1040 .) Appellant mai ntains that A.B. 1869 entitles him to relief
from the $10,000 restitut ion fine. He is incorrect

. A.B. 1869 added section 1465.9, which repealed and made unenforceable a range of court

- imposed costs

. It had no effect , however, on restitution fines imposed under section 1202.4, subdivision (b ). 

### S ince nothing in appel lant ’ s supplemental brief raises an arguable issue on appeal from the order d enying his motion to
dismiss the restitution fine , we dism is s the appeal. ( People v

. Serrano

, supra , 211 Cal.App.4th at pp. 503

- 504.)
D ISPOSITION The appea l is d ismissed.

PER REN, J.

We c oncur:

GILBERT, P.J.

YEGAN, J.4 Shelly Torrealba

, Judge Supe ri or Court Co unty of Los Angeles

___ _________________________ __

Richard B. Lennon, un der appointment by the Court of Appeal, for D efendant and Appellan t. No appearance fo r Plaintiff a nd Respondent.