Can a defendant who is ordered to pay a restitution fine under subdivision (c) of the California Criminal Code be denied an opportunity to contest the order?

California, United States of America


The following excerpt is from People v. Blankenship, 213 Cal.App.3d 992, 262 Cal.Rptr. 141 (Cal. App. 1989):

In People v. Sandoval (1989) 206 Cal.App.3d 1544, 1549-1550, 254 Cal.Rptr. 674, the court held that a defendant who is ordered to pay a restitution fine under subdivision (c) need not be given an opportunity to contest his ability to pay the fine. Sandoval distinguishes those cases holding that ability to pay must be considered when restitution is imposed as a condition of probation, since in such a situation if the defendant cannot pay he may be imprisoned. In contrast, under subdivisions (a) and (c), the order is only enforceable as a civil judgment.

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