Error and/or relief
The matter is reversed and remanded for the limited purpose of allowing the trial court, in accordance with this opinion and Kopp, to determine whether the defendant has the ability to pay the various fines, fees, and assessments it previously imposed.
Holding:
While this case was on appeal, the Kopp court concluded that a trial court must conduct an ability-to-pay hearing before imposing a (1) restitution fine above the statutory minimum of $300; or ancillary fees. The Supreme Court also found that, if requested by the defendant, the court must consider the defendant’s inability to pay before imposing a court operations assessment (sec. 1465(a)(1)) or a court facilities assessment (Gov. Code, sec. 70373(a)(1)), allowing the parties on remand to present any relevant evidence or argument on the matter. On remand the defendant shall be afforded the opportunity to assert legal analyses applicable to such a challenge under the excessive fines clauses and argue how the particular facts of this case inform such an inquiry.
Authority:
U.S. Const., 8th Amend.
Cal. Const., art. I, sec. 17
People v. Kopp (2025) 19 Cal.5th 1, 23, 31
Second Holding:
Inability to pay may be considered only in increasing the amount of the restitution fine in excess of the minimum fine pursuant to section 1202.4(c).
Authority:
People v. Kopp (2025) 19 Cal.5th 1, 30