Does a defendant have a right to an ability-to-pay hearing for a restitution fine?

California, United States of America


The following excerpt is from People v. Garland, C082670 (Cal. App. 2020):

Citing People v. Dueas (2019) 30 Cal.App.5th 1157 (Dueas), defendant contends the matter must be returned to the trial court for a hearing on his ability to pay the fines and fees ordered by the trial court. The Attorney General claims the defendant does not have a constitutional right to an ability-to-pay hearing for the restitution fine, but that on remand defendant should have the opportunity to show his inability to pay the court facilities and operations fees.

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