California, United States of America
The following excerpt is from People v. Lucaci, E072740 (Cal. App. 2020):
In the instant case, defendant asserts his fundamental rights of due process and equal protection were implicated by the imposition of the fees and fine without an ability to pay hearing. However, defendant does not explain how these rights were impacted. Defendant was "not denied access to the courts or prohibited from presenting a defense. [Citations.] [Defendant was] not incarcerated because [he was] unable to pay prior fees, fines or assessments." (People v. Lowery (2020) 43 Cal.App.5th 1046, 1056.) Because it is unclear in what manner defendant's fundamental rights were impacted, we are not persuaded that the forfeiture should be excused. (See Id. at p. 1059 ["Appellants do not articulate how a fundamental liberty interest was implicated"].)
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