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United States Court Cases

California Fifth Appellate District Record

The People v. Craig

Parties and Attorneys

The People v. Craig
Case Number F083901
Party Attorney
The People : Plaintiff and Respondent
Office of the Attorney General
P. O. Box 944255
Sacramento, CA 94244

Timothy Craig : Defendant and Appellant
Richard J. Donovan Correctional Facility
480 Alta Rd. Attn: Litigation Coordinator
San Diego, CA 92179
Pro Per
Central California Appellate Program : Information only
2150 River Plaza Drive, Suite 300
Sacramento, CA 95833
Central California Appellate Program
2150 River Plaza Dr., Ste. 300
Sacramento, CA 95833



Case Summary

Trial Court Case:
CF05100188
Court of Appeal Case:
F083901
Division:
Case Caption:
The People v. Craig
Case Type:
CR
Filing Date:
02/07/2022
Completion Date:
05/17/2022
Oral Argument Date/Time:


Docket (Register of Actions)

The People v. Craig
Case Number F083901
Date Description Notes
02/09/2022 Notice of appeal lodged/received (criminal). appeals in pro per from 1/28/22 denial of motion to strike/modify restitution; request in NOA for appointed counsel; no copy to CCAP due to appealability issue
02/09/2022 Notice to reporter to prepare transcript. sent to ctrr Delsid on 2/8/22
02/16/2022 Order filed. This court is considering dismissing the above entitled appeal for lack of appellate jurisdiction. Appellant seeks to appeal from an order, filed on January 28, 2022, denying a request to modify restitution fines which were imposed on March 20, 2007. Only postjudgment orders affecting the substantial rights of the party are appealable to this court. (Pen. Code, § 1237, subd. (b).) Where the superior court never had jurisdiction to a modify a sentence, its orders denying such a request do not affect a party's substantial rights. (People v. Mendez (2012) 209 Cal.App.4th 32, 34, fn. 1; People v. Turrin (2009) 176 Cal.App.4th 1200, 1207-1208.) Therefore, it does not appear that the Fresno County Superior Court's order is an appealable postjudgment order affecting appellant's substantial rights.

Appellant may file, within 30 days from the date of this order, a letter brief with citation to appropriate legal authority establishing a statutory basis to appeal from the January 28, 2022, order. Appellant's failure to timely respond will be deemed agreement that the appeal should be dismissed. Briefing is stayed pending further order of this court.
03/02/2022 Letter brief filed. Defendant and Appellant: Timothy Craig
Pro Per pursuant to the order filed 2/16/22
03/16/2022 Clerk's transcript filed. C1,37 pages
03/16/2022 Filed declaration of: I declare, under penalty of perjury, that, to the best of my knowledge, no prepared transcripts are contained within the file for the March 20, 2007 hearing, as reported by Enedelia Delsid. Due to the age of the case, any court reporter notes needed to prepare the aforementioned transcripts have been destroyed, pursuant to Government Code section 69955(e).

I declare under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct and that this declaration was executed on 8th day of February, 2022, at Fresno, California.
03/16/2022 Filed proof of service. for the record filed 3/16/22
03/17/2022 Dismissal order filed. On February 7, 2022, appellant filed a notice of appeal, purporting to appeal the Fresno Superior Court's postjudgment order denying his motion to modify his restitution fine. The fine was imposed on March 20, 2007. On February 16, 2022, this court issued an order informing appellant the court was considering dismissing the appeal for lack of appellate jurisdiction and providing appellant with an opportunity to brief the matter. Appellant subsequently filed a letter brief in response to this court's order arguing that he lacked the ability to pay the fine.

Upon review of the record, this court finds that the January 28, 2022, order is not a postjudgment order affecting appellant's substantial rights. (Pen. Code, § 1237, subd. (b); People v. Turrin (2009) 176 Cal.App.4th 1200.) Therefore, the appeal is dismissed.
05/17/2022 Remittitur issued.
05/17/2022 Case complete.


Briefs

The People v. Craig
Case Number F083901
Brief Due Date Date Filed Party and Attorney Notes
Letter brief filed. 03/02/2022 Defendant and Appellant: Timothy Craig
Pro Per
pursuant to the order filed 2/16/22


Disposition

The People v. Craig
Case Number F083901
Description:
Non-operative appeal
Date:
03/17/2022
Disposition Type:
Final
Publication Status:
Author:
Participants:
Case Citation:
none


Trial Court

The People v. Craig
Case Number F083901
Trial Court Name:
Fresno County Superior Court - Main
County:
Fresno
Trial Court Case Number:
CF05100188
Trial Court Judge:
Kelley, James
Trial Court Judgment Date:
01/28/2022