California, United States of America
The following excerpt is from People v. Benjamin, C083549 (Cal. App. 2019):
Defendant filed a petition for rehearing arguing, for the first time, that he is entitled to remand for a hearing on his ability to pay the fine and fees imposed by the trial court, citing People v. Dueas (2019) 30 Cal.App.5th 1157 (Dueas). The Attorney General filed an answer to the petition for rehearing arguing the issue was raised too late (for the first time in the petition for rehearing) and there was evidence in the record that defendant had the ability to pay.
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