What is the effect of a judge's failure to consider a plaintiff's ability to pay a restitution fine?

California, United States of America


The following excerpt is from People v. Picart, E072719 (Cal. App. 2020):

Defendant was offered the opportunity to file a personal supplemental brief, which he has done. Defendant contends the court erred in failing to consider his ability to pay the restitution fine pursuant to the court's decision in People v. Dueas (2019) 30 Cal.App.5th 1157 (Dueas). We affirm.

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