Does a defendant have to prove his ability to pay a restitution fine under section 1202.4 of the Penal Code?

California, United States of America


The following excerpt is from People v. Foster, A152746 (Cal. App. 2019):

Although the recent opinion in People v. Dueas (2019) 30 Cal.App.5th 1157, casts some doubt on whether Penal Code section 1202.4, subdivision (c) may be applied to an indigent defendant consistent with due process principles, that issue was forfeited on this record. A trial court has no sua sponte duty to make an ability to pay determination before imposing a restitution fine under Penal Code section 1202.4. subdivision (c). (See People v. McMahan (1992) 3 Cal.App.4th 740, 749 ["even if the court were required to initially determine the defendant's ability to pay, his failure to object or present contrary evidence waived the right to complain on appeal"].)

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