Can a defendant refuse to pay a fine imposed pursuant to section 294, subdivision (b) of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Barajas, F066418 (Cal. App. 2015):

21. At sentencing, defendant objected to the fine only on the ground of lack of ability to pay. Because the trial court exceeded its statutory authority in imposing the fine, however, defendant's lack of objection on the ground now raised did not forfeit the issue for purposes of appellate review. (People v. Chambers (1998) 65 Cal.App.4th 819, 823; see People v. Scott (1994) 9 Cal.4th 331, 354.)

22. Neither is the fine imposed pursuant to section 294, subdivision (b). Since that fine is being stricken, however, the omission is immaterial.

23. Miranda v. Arizona (1966) 384 U.S. 436 (Miranda).

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