P. v. Panyanouvong CA3
In 2016, a jury found defendant Khot Panyanouvong guilty of first degree murder and the trial court found true allegations that defendant’s prior conviction qualified as a serious felony and a strike. The trial court sentenced defendant to an indeterminate term of 55 years to life and imposed various fines and fees. This court affirmed the judgment in May of 2020.
In January 2021, defendant filed a pro. per. petition asking the trial court to modify his sentence by striking the fines, fees, and assessments. Defendant cited People v. Dueñas (2019) 30 Cal.App.5th 1157, argued the items should be stricken because there was no finding he had the ability to pay them, and said his counsel was ineffective for not raising the issue on appeal. The trial court converted the restitution fine, the court facilities assessment, and the court security fee into jail time.
Defendant appealed the trial court’s 2021 order.
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