Does remand for an ability to pay hearing need to be considered?

California, United States of America


The following excerpt is from People v. Blount, C085456 (Cal. App. 2020):

5. We need not, and thus do not, decide whether remand for an ability to pay hearing would be required if the trial court had merely imposed the mandatory minimum restitution fine from which there was not previously recognized right to request an ability to pay determination. (See People v. Castellano (2019) 33 Cal.App.5th 485 [concluding defendant's challenge was based upon a new constitutional principle not reasonably anticipated at the time of trial and remanding for an ability to pay determination].)

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