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.
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