Is a defendant entitled to appeal against the imposition of restitution fines and assessments at a sentencing hearing?

California, United States of America


The following excerpt is from People v. Tucker, H046807 (Cal. App. 2020):

Defendant notes that when the trial court imposed the fines and assessments at the sentencing hearing in May 2016, there was no requirement that it determine whether she was able to pay them. Relying on People v. Duenas (2019) 30 Cal.App.5th 1157, she contends that trial counsel rendered ineffective assistance at the sentencing hearing in 2019 when she failed to object to the trial court's imposition of the restitution fines and assessments without holding a hearing on her ability to pay them.

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