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The People v. Tommy Dominguez Ramirez

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FOURTH APPELLATE DISTRICT DIVISION TWO


December 23, 2010

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
TOMMY DOMINGUEZ RAMIREZ, DEFENDANT AND APPELLANT.

APPEAL from the Superior Court of San Bernardino County. J. David Mazurek, Judge. Affirmed. (Super.Ct.No. FMB006740)

The opinion of the court was delivered by: Richli J.

P. v. Ramirez CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

OPINION

Defendant and appellant Tommy Dominguez Ramirez appeals after the trial court denied his motion to reduce the restitution fine imposed on him after his 2005 felony convictions. (People v. Ramirez (Sept. 29, 2006, E039379 [nonpub. opn.] (Ramirez I).)*fn1 We affirm the trial court's order.

I PROCEDURAL BACKGROUND*fn2

Following a jury trial in 2005, defendant was found guilty of possession of ingredients to make a destructive device (Pen. Code, § 12312), possession of ammunition by a felon (Pen. Code, § 12316, subd. (b)(1)), and possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). In addition, the jury found true that defendant had previously suffered two prior strike convictions (Pen Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and four prior prison terms (Pen. Code, § 667.5, subd. (a)). Defendant was sentenced to a total term of 53 years to life in state prison pursuant to the three strikes law.

About five years later, on July 19, 2010, defendant, in propria persona, filed a motion to modify and reconsider his sentence pursuant to Penal Code sections 1202.4 and 1202.45 and Government Code section 13967. He argued that the trial court improperly imposed a $10,000 restitution fine order without considering his ability to pay; he requested that the trial court reduce the fine to $200. {CT 3-10, 11-23}

On July 23, 2010, the trial court summarily denied defendant's motion. {CT 28} This appeal followed. {CT 29}

II DISCUSSION

Defendant appealed and, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738 [87 S.Ct. 1396, 18 L.Ed.2d 493], setting forth a statement of the case, a summary of the facts, and potential arguable issues and requesting this court to conduct an independent review of the record.

We offered defendant an opportunity to file a personal supplemental brief, but he has not done so. Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.

III DISPOSITION

The judgment is affirmed.

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

We concur: HOLLENHORST Acting P.J. KING J.


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