Does a defendant have a valid claim under due process?
California, United States of America
The following excerpt is from People v. Belyew, C086800 (Cal. App. 2020):
Therefore, given the absence of any valid claim under due process, we conclude defendant is not entitled to a remand for the trial court to consider her ability to pay the challenged fines, fee, and assessments.13
Page 36
The judgment is affirmed.
/s/_________
BUTZ, J.
We concur:
/s/_________
BLEASE, ACTING P. J.
/s/_________
HOCH, J.
Footnotes:
1. Undesignated statutory references are to the Penal Code.
2. Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess).
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