What is the burden of proving that a defendant is unable to pay a restitution fine?

California, United States of America

The following excerpt is from People v. Moreau, C082263 (Cal. App. 2017):

As to the restitution fine, the defendant has the burden of proving he cannot pay any amount above the statutory minimum. ( 1202.4, subd. (d).) Defendant does not cite any evidence that he could not do so. His alleged present inability to pay is not dispositive, since the trial court could also consider his future earning capacity. ( 1202.4, subd. (d).) Defendant's bare assertion that he has no future earning capacity because he is incarcerated is contrary to law. (See People v. Gamache (2010) 48 Cal.4th

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