How has the Attorney General dealt with a defendant's challenge to the restitution fine?

California, United States of America


The following excerpt is from People v. Hawkins, A135075 (Cal. App. 2014):

The Attorney General first responds that defendant forfeited his challenge to the restitution fine by failing to object below. (See People v. Scott (1994) 9 Cal.4th 331, 353 [waiver doctrine applies to challenges to trial court's failure to properly make or articulate discretionary sentencing choices].) To the extent defendant's challenge is to the trial court's decision to multiply the base fine by the number of years of imprisonment, we agree with the Attorney General that the challenge is to the court's failure to articulate its sentencing choices, and the issue is therefore waived.

Other Questions


Does the Attorney General's claim that Defendant has "waived" a claim that the Defendant has failed to object to the victim's restitution award? (California, United States of America)
If a court imposes a restitution fine under Penal Code section 1202.4, must the restitution fine be the same amount as the parole revocation fine? (California, United States of America)
Can a court apply an increased minimum restitution fine retroactively to a defendant whose crime occurred prior to the increase in the maximum restitution fine? (California, United States of America)
In what circumstances will the Attorney General claim that the Defendant failed to object to the Defendant's conduct at trial? (California, United States of America)
Is a defendant entitled to have his excess custody credits applied to his parole revocation fine but not his restitution fine? (California, United States of America)
Does the Attorney General's claim that defendant forfeited the issue on appeal because defendant made no effort to correct the court's misperception and press for a ruling? (California, United States of America)
How have we dealt with the Attorney General's contention that a defendant forfeited any claim of error by failing to object or request modification to an instruction in the trial court? (California, United States of America)
Does the Attorney General have an obligation to provide a good faith effort to obtain materials from a defendant's trial attorney? (California, United States of America)
Does the Attorney General have any grounds to deny a defendant's ability to pay his attorney fees? (California, United States of America)
Can a letter between the Attorney General and Attorney General be admitted as a public record? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.