California, United States of America
The following excerpt is from People v. Hampstead, C086311 (Cal. App. 2019):
In his supplemental brief, defendant cites Dueas, supra, 30 Cal.App.5th 1157, which held that it is improper to impose a restitution fine, a court operations assessment, or a criminal conviction assessment (identified in Dueas as a facilities assessment) without first determining defendant's ability to pay. (Id. at pp. 1168, 1172.) Defendant argues the restitution fine, court operations assessment, and criminal conviction assessment should be stayed pending a hearing on his ability to pay. The Attorney General counters that defendant forfeited this appellate contention because he failed to raise it in the trial court. However, as the court explained in People v. Castellano (2019)
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