legal news


Register | Forgot Password

P. v. Harrell CA1/4
A jury convicted defendant and appellant Joshua Neil Harrell of three felony counts of fraudulent possession of personal identification (Pen. Code, § 530.5, subd. (c)(2)). At sentencing, the trial court imposed an aggregate sentence of 12 years eight months and a $9,000 restitution fine. More than a year later and while his direct appeal was pending in this court, Harrell filed a motion in the trial court challenging the restitution fine on constitutional grounds pursuant to People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). The trial court denied the motion, and Harrell appealed. We affirmed the denial; the pending appeal had divested the trial court of jurisdiction, and no exception applied. Following the remittitur in the direct appeal, Harrell filed a second motion to modify the restitution fine under Dueñas, which the trial court denied. Harrell appeals this second order. Because this order is nonappealable, we dismiss the appeal.

Search thread for
Download thread as



Quick Reply

Your Name:
Your Comment:

smiling face wink grin cool nod sticking out tongue raised eyebrow confused shocked shaking head disapproval rolling eyes sad mad

Click an emoji to insert it into your message. You may use BB Codes in your message.
Spam Prevention:

    Home | About Us | Privacy | Subscribe
    © 2025 Fearnotlaw.com The california lawyer directory

  Copyright © 2025 Result Oriented Marketing, Inc.

attorney
scale