P. v. Beasley
This case comes to us pursuant to People v. Wende (1979) 25 Cal.3d 436.[1] We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 123-124.) Between August 2002 and October 2002 defendant James W. Beasley III molested five-year-old J.G. In May 2003 he entered a guilty plea to committing a lewd act upon a child under the age of 14 years. (Pen. Code, 288, subd. (a); all further statutory references are to the Penal Code.) On August 19, 2003, the court sentenced defendant to a six-year prison term, imposed a consecutive one-year term following the termination of probation in an unrelated case, imposed various fines, and awarded 512 days credit (446 actual days in custody and 66 days for conduct). Among the fines imposed was a $1,400.00 restitution fine. ( 1202.4, subd. (b).)
On November 20, 2008, while incarcerated in state prison, defendant filed a pro se motion in the trial court seeking to modify the sentence pursuant to section 1260 based on his alleged inability to pay. Defendant requested the court to strike the $1,400.00 restitution fine. The court denied the motion, and defendant appeals from that denial. As Court shall explain, the trial court lacked jurisdiction over the subject matter of defendants postconviction motion. Accordingly, Court shall dismiss the appeal.
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