Is a defendant's inability to pay a restitution fine a compelling and extraordinary reason not to impose the fine?

California, United States of America


The following excerpt is from People v. Durouso, B272181 (Cal. App. 2017):

"A defendant's inability to pay shall not be considered a compelling and extraordinary reason not to impose a restitution fine." ( 1202.4, subd. (c).) Section 1202.4 presumes a defendant has the ability to pay the fine, and the defendant bears the burden of demonstrating his inability to pay. (People v. Romero (1996) 43 Cal.App.4th 440, 448-449; 1202.4, subd. (d).) The court is not required to make "express findings" as to any of the factors it considers in imposing the fine. ( 1202.4, subd. (d).)

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