Does a defendant have the ability to pay the restitution fine under section 1202.4 of the California Criminal Code?

California, United States of America

The following excerpt is from People v. Castro, 105 Cal.Rptr.2d 365 (Cal. App. 2001):

Moreover, pursuant to subdivision (d) of section 1202.4, defendant bears the burden of demonstrating his lack of ability to pay the restitution fine. Having failed to produce any evidence that he is unable to pay the fine, the trial court should, and correctly did, presume his ability to pay. (People v. Romero (1996) 43 Cal.App.4th 440, 448-449.) Because defendant has the ability to pay the restitution fine during the term of his imprisonment, we cannot conclude that it is excessive.

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