California, United States of America
The following excerpt is from People v. Speer, C089289 (Cal. App. 2020):
Defendant contends the trial court erred by failing to hold an ability-to-pay hearing before imposing fines and fees. He acknowledges he was sentenced after Dueas held that principles of due process would preclude a trial court from imposing the fine and assessments at issue without first determining a defendant's ability to pay. (People v. Dueas (2019) 30 Cal.App.5th 1157.) Defendant, however, fails to acknowledge the trial court here made a finding, based on the length of defendant's incarceration and his future prospects, that defendant had the ability to pay the fines and fees imposed. Thus, the trial court complied with the holding of Dueas that it determine defendant's ability to pay before imposing fines and fees.
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