California, United States of America
The following excerpt is from People v. Duvigneaud, B262565 (Cal. App. 2015):
When appellant was sentenced in 1986, the relevant statutes authorized the sentencing court to consider a defendant's ability to pay in imposing a restitution fine. (See People v. Williams (2015) 61 Cal.4th 1244, 1291 [citing former Pen. Code, 1202.4, subd. (a); former Pen. Code, 13967, subd. (a)].) The record indicates that appellant did not raise the instant claim -- that the trial court failed to consider his ability to pay -- during his sentencing. Rather, he raised it for the first time in the instant matter. Accordingly, he has forfeited the claim. (See ibid. [failure to raise claim of inability to pay restitution fine at sentencing results in forfeiture of claim].) Moreover, appellant has not produced a sufficient record to
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