Error and/or relief
We modify the judgment to vacate any remaining balance on defendant’s restitution fine imposed under section 1202.4(b).
First Holding:
Effective January 1, 2025, Assembly Bill No. 1186 (2023–2024 Reg. Sess.) (Stats. 2024, ch. 805, § 1) amended section 1465.9 by adding subdivision (d), which provides: Upon the expiration of 10 years after the date of imposition of a restitution fine pursuant to Section 1202.4, 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(d)
Second Holding:
Defendant’s appeal from the trial court’s resentencing order causes his judgment to remain nonfinal. Therefore, he is entitled to any applicable ameliorative benefits under section 1465.9.
Authority:
In re Estrada (1965) 63 Cal.2d 740, 745
People v. Hanson (2000) 23 Cal.4th 355, 362 [restitution fines qualify as punishment]