Is a defendant entitled to and should not have to pay a restitution fine?

Defendant argues the trial court violated his constitutional rights as articulated in People v. Dueas (2019) 30 Cal.App.5th 1157 (Dueas), when it imposed certain fines and fees without first determining his ability to pay them. While we note defendant was entitled to and failed to object to the imposition of a restitution fine well in excess of the statutory minimum ( 1202.4, subds. (c), (d)), arguably forfeiting his inability to pay arguments, we will nevertheless address the merits of these arguments given his ineffective assistance of counsel claim. Having done so, we join the growing group of courts finding that Dueas was wrongly decided.