California, United States of America
The following excerpt is from People v. Mork, A155605 (Cal. App. 2019):
Appellant did not object to the imposition of these fees, assessments, and fines at any point during the trial court proceedings. The statutes requiring imposition of the court operations and court facilities assessments do not refer to the defendant's ability to pay; section 1202.4, subdivision (c), prohibits consideration of ability to pay in imposing a restitution fine unless the fine is set at more than the minimum. Appellant's claim on appeal is based on People v. Dueas (2019) 30 Cal.App.5th 1157 (Dueas) (review den. Mar. 27, 2019), which was decided while this appeal was pending. Appellant maintains that Dueas applies because his case is not yet final.
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