P. v. Portillo CA2/3
On July 13, 2007, following a jury trial, Oswald Portillo was found guilty of first degree murder with gun use and gang enhancements (Pen. Code, §§ 187, 12022.53, subd. (d), 186.22, subd. (b)), and on May 2, 2008, he was sentenced to prison for a term of 50 years to life. As part of his sentence, Portillo was ordered to pay a $2,500 restitution fine. Portillo’s conviction was affirmed by this court in 2009.
On February 25, 2016, Portillo filed a “Petition for Modification of Sentence” in the superior court, complaining that the trial court (Ryan, J.) had unfairly imposed the $2,500 restitution fine without a hearing, and that defense counsel had been ineffective for not objecting to the fine or requesting a restitution hearing. The superior court (Sandoval, J.) denied this petition on March 14, 2016, finding that a restitution hearing must be requested but that Portillo had failed either to request such a hearing at sentencing or raise the issue on appeal.
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