Error and/or relief
At the hearing on the petition for recall of sentence under section 1172.6, the court should have stricken the restitution fine, as it was more than 10 years old.
Holding:
Effective January 1, 2025, section 1465.9 was amended to state that upon the expiration of 10 years after the date of imposition of a restitution fine pursuant to section 1202.4, the balance shall be unenforceable and uncollectible and any portion of a judgment imposing those fines shall be vacated. Here, the trial court imposed the $200 restitution fine more than 10 years before denying the defendant’s resentencing petition. As the People concede, that fine must therefore be vacated
Authority:
PEN 1465.9(d)