What factors will a court consider when determining the quantum of a defendant's inability to pay the statutory minimum fine for gross negligence?

California, United States of America


The following excerpt is from People v. Cooper, A160333 (Cal. App. 2021):

In setting the amount of the fine in excess of the statutory minimum, the trial court may consider the "defendant's inability to pay, the seriousness and gravity of the offense and the circumstances of its commission, . . . , the extent to which any other person suffered losses as a result of the crime, and the number of victims involved . . . . Consideration of a defendant's inability to pay may include his . . . future earning capacity. A defendant shall bear the burden of demonstrating his . . . inability to pay. Express findings by the court as to the factors bearing on the amount of the fine shall not be required." ( 1202.4, subd. (d); People v. Potts (2019) 6 Cal.5th 1012, 1056-1057.)

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