What are the constitutional implications of a finding that a defendant has a right to appeal against his conviction and/or his sentence?
California, United States of America
The following excerpt is from People v. Rios, F074350 (Cal. App. 2019):
Appellants' constitutional arguments are based on People v. Dueas (2019) 30 Cal.App.5th 1157, which was decided after their sentencing hearings and while this appeal was pending. Dueas held that "due process of law requires the trial court to conduct an ability to pay hearing and ascertain a defendant's present ability to pay" before it imposes any fines or fees. (Id. at p. 1164.)
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