Error and/or relief
On resentencing under section 1172.75, the court should have vacated the restitution fine, as it was more than 10 years old.
Holding:
Effective January 1, 2025, AB 1186 (Stats. 2024, ch. 805, sec. 1) amended section 1465.9 to add subdivision (d). The statute now 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.” The resentencing pursuant to section 1172.75 did not restart section 1465.9’s 10-year clock anew.
Authority:
PEN 1465.9(d)
People v. Salstrom (2025) 117 Cal.App.5th 596, 600, review granted and briefing deferred on a different issue, March 11, 2026, S295038