Is a defendant entitled to attorney's fees or damages from a judge who set a restitution fine in error?
California, United States of America
The following excerpt is from People v. Greer, H036635 (Cal. App. 2012):
Defendant asserts the court was unaware of its discretion in setting the amount of the restitution fine, and as a result, defendant did not receive the court's exercise of " 'informed discretion.' " (People v. Belmontes (1983) 34 Cal.3d 335, 348, fn 8.) Defendant infers the court's ignorance of its discretion through two facts. First, the fact that the court concluded that it "[would] not order attorney's fees" and that defendant
Page 4
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a claim for damages brought by defendant in a personal injury action brought by plaintiff against defendant in the Superior Court of Appeal against Defendant in a civil case? (California, United States of America)
Is there any jurisdictional error or error in making a temporary judge acting as temporary judge? (California, United States of America)
Does the Attorney General's error in instructing a jury to convict a defendant of embezzling a vehicle constitute a harmless error? (California, United States of America)
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)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
If defendant fails to establish all the errors of the trial court as a cumulative result of the cumulative error, can he continue to argue that the cumulative effect of the error was harmless beyond a reasonable doubt and mandates reversal? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
How have courts interpreted section 1203.1(1) of the California Criminal Code to determine that a defendant is entitled to restitution exceeding the damages for which he is held culpable? (California, United States of America)
Is a defendant entitled to damages if the prosecutor improperly commented upon defendant's failure to testify? (California, United States of America)
What authority does appellant rely on when it comes to asserting that a person is entitled to claim that they are not entitled to the same amount of damages as they are entitled to? (California, United States of America)
