Error and/or relief
The restitution fine must be vacated because more than 10 years have elapsed since the court imposed the fine.
First Holding:
Restitution fines are no longer collectible 10 years after their imposition and the balance, including any collection fees, shall be unenforceable and uncollectible and any portion of a judgment imposing those fines shall be vacated.
Authority:
PEN 1465.9
Second Holding:
Section 1465.9 is retroactive to those whose judgments are not final.
Authority:
In re Estrada (1965) 63 Cal.2d 740, 748 [absent evidence to the contrary, we presume ameliorative criminal statutes apply retroactively to all nonfinal judgments]