California, United States of America
The following excerpt is from People v. Berman, C083883 (Cal. App. 2019):
In a petition for rehearing, defendant asserted for the first time that he is entitled to remand for a determination of his ability to pay the fine and fees imposed by the trial court, citing People v. Dueas (2019) 30 Cal.App.5th 1157. The Attorney General filed an answer to the petition for rehearing arguing the contention was raised too late (i.e., for the first time in the petition for rehearing), it was forfeited because it was not asserted in the trial court, and there was evidence in the record that defendant had the ability to pay.
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