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.

________

_________2 Dejuan Terrance Grant appeals from an order denying his

postjudgment motion to reduce the restitution a nd parole

revocation fine s imposed in his case. Because the superior court

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

motion is not appealable. Accordingly, w e 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

$ 9,9 00 (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 th e fines and he

is entitled to an ability

- to

- pay hearing pursuant to this co urt’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. (See3

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.5 th 1081, 108 4 .) 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 refer ring to factual findings in the record or

remand ing 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 the se

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 .)4 DISPOSITION

The appeal is dismissed.

PERLUSS, P. J.

We concur:

SEGAL, J.

FEUER, J.