Error and/or relief
On resentencing under section 1172.75, it was error to reimpose the restitution fine (as it was more than 10 years old) and to impose various fees that were not enacted until after the defendant was originally sentenced.
First Holding:
A restitution fine cannot be re-imposed more than 10 years after initially imposed.
Authority:
PEN 1465.9(d) [setting a 10-year limit as to the date of imposition of a restitution fine pursuant to section 1202.4]
People v. Salstrom (2025) 117 Cal.App.5th 596, 601, review granted Mar. 11, 2026, S295038, on another issue
Second Holding:
The assessment and fee did not become law until after defendant’s 1996 sentencing, and thus cannot be imposed.
Authority:
People v. Alford (2007) 42 Cal.4th 749, 754 [applying section 1465.8 only to convictions imposed after its operative date of August 17, 2003]
People v. Davis (2010) 185 Cal.App.4th 998, 1000-1001 [applying Government Code section 70373 only to convictions after its effective date of January 1, 2009]