Filed 9/1/20 P. v. Grant CA2/7

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE,

Plaintiff and Respondent,

v.

DEJUAN TERRANCE GRANT,

Defendant and Appellant.

 B302276

 (Los Angeles County

 Super. Ct. No. MA070099)

APPEAL from an order of the Superior Court of 

Los Angeles County, Shannon Knight, Judge. Appeal dismissed. 

Laini Millar Melnick, under appointment by the Court of 

Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

_________________
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Dejuan Terrance Grant appeals from an order denying his 

postjudgment motion to reduce the restitution and parole 

revocation fines imposed in his case. Because the superior court 

lacked jurisdiction to hear Grant’s motion, its order denying that 

motion is not appealable. Accordingly, we dismiss the appeal.

FACTUAL AND PROCEDURAL BACKGROUND

In a negotiated agreement Grant pleaded no contest in 

May 2018 to one count of carjacking and three counts of second 

degree robbery and admitted firearm use and criminal street 

gang enhancement allegations. The trial court sentenced Grant 

to an aggregate state prison term of 33 years. 

On September 10, 2019 Grant moved to modify his 

sentence, challenging the court’s order he pay a restitution fine of 

$9,900 (Pen. Code, § 1202.4, subd. (b)) and an imposed but stayed 

parole revocation fine of $9,900 (Pen. Code, § 1202.45), arguing 

the court had failed to consider his ability to pay the fines and he 

is entitled to an ability-to-pay hearing pursuant to this court’s 

decision in People v. Dueñas (2019) 30 Cal.App.5th 1157 

(Dueñas). The superior court denied Grant’s motion, ruling it 

lacked jurisdiction to modify the fines imposed at the time of 

Grant’s sentencing, citing People v. Turrin (2009) 

176 Cal.App.4th 1200. 

Grant filed a timely notice of appeal.

DISCUSSION

We appointed counsel to represent Grant on appeal. After 

examination of the record, counsel filed an opening brief in which 

no issues were raised. On March 20, 2020 we advised Grant he 

had 30 days within which to submit any contentions or issues he 

wished us to consider. We have not received a response. (See 
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Smith v. Robbins (2000) 528 U.S. 259, 277-284; People v. Kelly

(2006) 40 Cal.4th 106, 118-119; People v. Wende (1979) 25 Cal.3d 

436, 441-442.) 

Generally, a trial court has no jurisdiction to resentence a 

defendant after execution of the sentence has begun. (People v.

Karaman (1992) 4 Cal.4th 335, 344; People v. Torres (2020) 

44 Cal.App.5th 1081, 1084.) However, the trial court may recall 

the sentence and resentence a defendant within 120 days of his 

or her commitment into custody (Pen Code, § 1170, subd. (d)(1)). 

In addition, an unauthorized sentence, clerical and 

computational errors and obvious legal errors that can be 

remedied without referring to factual findings in the record or 

remanding for further findings are correctible at any time. 

(See Torres, at p. 1085.) Here, execution of Grant’s sentence

began well before he filed the motion to modify his challenged

fines; and his argument under Dueñas, based on a factual 

evaluation of his ability to pay, does not fall within any of these

exceptions. (Torres, at p. 1085.)

If the trial court does not have jurisdiction to rule on a

motion to vacate or modify a sentence, an order denying such a

motion is nonappealable; and any appeal from such an order

must be dismissed. (People v. Torres, supra, 44 Cal.App.5th at

p. 1084; accord, People v. Turrin, supra, 176 Cal.App.4th at

p. 1208; see People v. Fuimaono (2019) 32 Cal.App.5th 132, 135.)
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DISPOSITION

The appeal is dismissed. 

PERLUSS, P. J. 

We concur: 

SEGAL, J. 

FEUER, J.